JUDGMENT :

1. Appellant, Nazir Ahmad Ganie, has filed the instant appeal against the judgment of conviction dated 09.05.2015 and the order of sentence dated 23.05.2015 passed by learned Principal Sessions Judge, Pulwama, whereby he has been convicted of offence under Section 304 Part II of RPC and in proof of the said offence, he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1.00 lac. In default of payment of fine, the appellant has been directed to undergo further imprisonment of one year.

2. As per prosecution case, on 16 th August, 2011, PW (9) lodged a written report with SHO, P/S Pulwama, alleging therein that at about 9.00 am, when his son Danish Farooq alias Umar Farooq was on his way to school, he was attacked by accused persons, including the appellant herein, with clubs. It was alleged that as a result of this attack, the deceased received fatal injuries and that all the three accused had hatched a conspiracy to kill the deceased.

3. FIR No. 25/2011 for offences under Section 302, 34 RPC came to be registered with Police Station, Pulwama, and investigation of the case was set into motion. After investigation of the case, it was