Jitendra Chauhan, J. - The present appeal has been filed against the judgment and order of sentence dated 03.04.2003, whereby the appellant was ordered to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year under Section 304 Part II of the Indian Penal Code (for short 'IPC').

2. The brief facts which are necessary for adjudication of the case are taken from Para No. 1 to 6 of the judgment, which is reproduced as under:-

"That on 07.06.1995 Inspector Mehnga Singh of Police Station, Dera Baba Nanak was going on a patrol and Gurpal Singh complainant met him on the turn of a road of village Mehta where his statement Ex.PA was recorded. Gurpal Singh has stated in his statement that he resides in village Shampur and his elder brother is employed in Police Department. That his father runs a Karyana shop at village Mehta. That his father Bachan Singh and accused Kamaljit Singh alias Kamba doing the business of wheat. They purchased wheat of Baba Singh of village Rampura. Accused Kamaljit Singh obtained the sale price from the Commission Agent. They purchased other wheat also. After settling the accounts, Rs.4,500/- of Bachan Singh were due towards Kamaljit Singh. They purchased the wheat of Shangara Singh of village Mehta and Bachan Singh was to pay the price after obtaining the money from Kamaljit Singh, accused. On 07.06.1995, at about 6.15 p.m., when Gurpal Singh complainant was present at their shop, accused Kamaljit Singh and accused Bawa Singh come there. Ajit Singh and Shangara Singh of village Mehta were also called. All of them started settling accounts of wheat. Accused Kamaljit Singh assaulted Bachan Singh and beaten him and the occurrence took place in from the shop. Accused Bawa Singh asked the persons not come forward to save Bachan Singh. Bachan Singh was saved by Gurpal Singh and Ajit Singh. Feeling humiliated, Bachan Singh started for the Police Station in order to lodge a report on a bicycle. Accused Kamaljit Singh also followed him on bicycle. Gurpal Singh complainant locked the shop and followed them. When Bachan Singh covered a distance of about 40 yards from Mehta, accused Kamaljit Singh made Bachan Singh to fall from his bicycle and it was about 6.30 P.M. Kamaljit Singh again started giving fist and kick blows to Bachan Singh. Kulwant Singh and Joginder Singh came there, who raised a lalkara and accused Kamaljit Singh ran away. Bachan Singh died at the spot. After recording the statement, Inspector Mehnga Singh made his endorsement Ex.PA/1 and sent the same to the police station on its basis, the case registered vide FIR Ex.PA/2. He went at the spot and prepared inquest report Ex.PB. He sent the dead body for post mortem examination alongwith his request Ex.PD. A shoe and a cycle lying at the spot were taken into police possession vide recovery memo Ex.PL. He prepared the rough site plan Ex.PM. On completion of the investigation, accused Kamaljit Singh was challaned and accused Bawa Singh was found innocent and his name was shown in column No.2 of the report submitted under Section 173 Cr.P.C."

3. On commitment, the accused was charge sheeted under Section 302 read with Section 34 IPC to which the accused/appellant pleaded not guilty and claimed trial.

4. In support of the case of the prosecution, it examined PW-1 Gurpal Singh; PW-2 Kulwant Singh; PW-3 Satish Chander; PW-4 Dr. Hardeep Singh; PW-5 Inspector Mehnga Singh; PW-6 Amarjit Singh; PW-7 C. Nirmal Singh and PW-8 MHC Sohan Lal.

PW-1 Gurpal Singh and PW-2 Kulwant Singh were the eye witnesses.

PW-3 Satish Chander-Draftsman, who prepared the scaled site plan Ex.PC.

PW-4 Dr. Hardeep Singh conducted post mortem examination on the dead body of Bachan Singh.

PW-5 Inspector Mehnga Singh, the Investigating Officer, proved the whole investigation carried out by him.

PW-6 Dr. Amarjit Singh proved the Histopathological Report Ex.PJ and stated that changes