Gopal Singh, J.

1. This is appeal by Thakar Singh and his son Niranjan Singh from the judgment of the Additional Sessions Judge, Amritsar dated August 14, 1968, convicting them under Section 304 (Part II) read with Section 34, Indian Penal Code and sentencing each of them to rigorous imprisonment for three years.

2. Thakar Singh appellant has died in jail. It is only the maintainability of the conviction of Niranjan Singh appellant, which is to be considered.

3. The following pedigree table as drawn up from the evidence on the record will better enable to appreciate the facts of the prosecution case :-

4. The deceased Kashmira Singh son of Bahal Singh and Niranjan Singh appellant and his father Thakar Singh resided in village Thathi in the district of Amritsar. At 4.00 p.m. on November 23, 1967, Kashmira Singh a boy of 13/14 left his house for the fields with a sickle for cutting cotton sticks. As Kashmira Singh did not return to his house on the night between November 23 and 24, 1967, this caused anxiety to his father Bahal Singh. Next morning, Bahal Singh left for his fields. He found chadar and pair of shoes of Kashmira Singh lying there but did not see the boy near abou