Nawab Singh, J.

1. This appeal is directed against the judgment and order dated June 1, 1994 passed by learned Sessions Judge, Patiala whereby the accused- appellant was convicted for the offence punishable under Section 304-II of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/-. In default of payment of fine, the accused-appellant was ordered to undergo further rigorous imprisonment for a period of nine months.

2. On August 23, 1993 Sham Sunder (since deceased) was present at Rajpura in connection with the purchase of grocery items as he used to run a grocery shop in his village Pabtra. It was about 10 a.m. Ram Chand accused-appellant met him and asked him to pay him some money for buying liquor. Sham Sunder refused to oblige him. The accused-appellant gave a kick blow on the left hip joint and struck his head against his chest. He fell down and raised an alarm. On hearing the alarm, Rajinder Kumar, the nephew of the deceased and Kishan Chand (PW-3) reached the spot and rescued the deceased from the accused-appellant. The deceased was immediately brought to A.P. Jain Civil Hosp