T.P.S. Mann, J.:-The appellant along with five others was tried by Additional Sessions Judge, Jalandhar for offences under Sections 302 / 149/ 148 IPC. Vide judgment and order dated 27.8.1994, learned trial Court acquitted the five co-accused of the appellant of all the charges against them. Even the appellant was acquitted under Section 302 IPC and after holding him guilty under Section 304 Part -II IPC, the said Court sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for six months.

2. The occurrence had taken place on 10.9.1992 at 8.30 PM, wherein Smt. Swarni received injuries. FIR was lodged on the basis of statement made by complainant-Joga Ram. He alleged that he had five brothers and one sister. He was working as a Watchman in Nawanshahar Sugar Mill earlier, but for the last six months he was out of service. His parents Sardara Ram and Swarni shifted to Nawanshahar about sixteen years earlier. Family of Kartar Ram Bazigar was also residing at Nawanshahar. About thirteen years ago, the complainant and the accused partitioned their area