Honble GARG, J.–The above-mentioned appeals and criminal revision are being decided by this common judgment as all of them arise out of common judgment and order dated 31.8.1982 passed by the learned Addl. Sessions Judge, Nohar.

D.B. Criminal Appeal No. 338/82

(2). This appeal has been filed by the accused appellant Sita Ram against the judgment and order dated 31.8.1982 passed by the learned Additional Sessions Judge, Nohar District Sri-Ganganagar in Sessions Case No. 31/81 by which he convicted the accused appellant Sita Ram for the offence under section 304 Part-II IPC and sentenced him to undergo six years R.I. and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo three months R.I.

(3). It may be stated here that by the same judgment, the learned Addl. Sessions Judge acquitted the present accused appellant Sita Ram as well as other accused, namely, Gangaram, Hiralal and Malluram for the offence under section 302 or 302/34 IPC.

(4). The facts giving rise to this appeal, in short, are as follows:-

On 27.10.1981 at about 9.45 PM, PW 4 Murli Dhar lodged an oral report (Ex. P/1) before PW 11 Gujai Singh, SHO, Police Station Nohar stating inter-alia that on tha

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