Mr. Jitendra Chauhan, J.:- This appeal is directed against judgment and order dated 12/13.9.2000, whereby the learned Additional Sessions Judge, Sirsa (hereinafter referred to as the ‘trial Court’) convicted the appellant for the offence under Section 304, Part-II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- or in default of payment of fine, to undergo further rigorous imprisonment for six months.

2. Brief facts of the case are that on 30.8.1993, at about 5.00 p.m., Jagdish Lal (since deceased), a young man of 28 years of age, resident of village Ferozabad, boarded the bus bearing registration No. HYN-6351 for going to Rania. Harbans Lal son of Lakshman Ram Kamboj was also with him. Harbans Lal and Subhash Chander, Munshi, with the local fish contractor informed complainant Gobind Ram, father of the deceased, that his son Jagdish Lal engaged in a quarrel over ticket with the Conductor (Paramjit Singh, appellant) of the bus and they had exchanged hot words. The conductor pushed Jagdish Lal out of the bus, which was in motion, as a result of which, Jagdish Lal suffered injuries on his person. Jagdish Lal, was removed to the General Hospital, Rania, from where he was referred to the Medical College and Hospital, Rohtak. He succumbed to his injuries on 31.8.1993 at noon time. The FIR was registered and the matter was investigated. Inquest proceedings were conducted on the dead body of Jagdish Lal. The doctor gave an opinion that death was the direct result of shock caused by the head injury which was sufficient to cause death in the ordinary course of nature.

3. The accused-appellant was challaned and produced before the Court to face trial. He was charge-sheeted for the commission of an offence punishable under Section 304 of the Indian Penal Code, to which the accused-appellant pleaded not guilty and claimed trial.

4. In support of its case, the prosecution examined as many as 13 witnesses, viz., Dr. Narinder Singh as PW1, Dr. B. L. Gupta as PW2, Ramesh Kumar, Clerk, Haryana Roadways, Sirsa as PW3, Dharam Pal, Duty Clerk as PW4, Subhash Chander as PW5, Harbans Lal as PW6, Gobind Ram as PW7, Ganesh Dutt as PW8, Gopal Singh as PW9, SI Jai Kishan as PW10, Dharam Pal, Chief Inspector, Haryana Roadways, Sirsa as PW11, Inderjit Draftsman as PW12 and Rameh Kumar, Ex.ASI as PW13.

5. PW1-Dr.Narinder Singh conducted autopsy on the dead body of Jagdish Lal and had discovered haematoma of the size of 7 cm x 8 cm on removing the scalp. On further dissection, he revealed clotted blood in the brain and the cavity being full of blood. PW1 also stated that the cause of death was head injury and shock.

6. Subhash Chander, PW5, was working as Munshi with the Fish Contractor at Ottu and is a very important witness in this case. He stated that on 30.8.1993, at 5.30 p.m., he was present on the main road of village Ottu and has specifically testified that accused-appellant Paramjit Singh had pushed a person called Jagdish Lal out of the bus, who suffered injury on his head. PW5 further stated that Jagdish Lal was removed to the Hospital by him with the help of Harbans Lal PW.

7. Harbans Lal, PW6, has stated that the bus had started from Sirsa and both of them (he and the deceased Jagdish Lal) had purchased ticket for Ottu. He further stated that they learnt at Ottu that they had purchased an extra ticket from the Conductor and he insisted on returning it to him. PW6 further stated that the driver of the bus put the vehicle into motion, but deceased Jagdish Lal insisted on boarding the moving bus and he followed the bus by running behind it. He further stated that there was a sharp turn after crossing the bridge of Ghaghar river and as the bus had negotiated the turn, the accused-appellant, Paramjit Singh pushed Jagdish Lal, the deceased, out of the moving bus, as a result of which, he suffered fatal injuries on his head. This witness also stated that Ja