SNEH PRASHAR, J.

1. This appeal was preferred by appellant Sarwan Singh, assailing the judgment of conviction and order of sentence dated 26.09.2003 recorded by learned Additional Sessions Judge, Patiala, in Session Case No.1-T dated 04.07.2003 based on First Information Report No.980 dated 05.10.2001 registered at Police Station Sadar, Patiala, by virtue of which he (appellant) was sentenced to undergo RI for five years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo RI for six months, for commission of offence punishable under Section 304 Part-II of the Indian Penal Code (for short, “I.P.C.”).

The prosecution case, as extracted from the record, was as under:-

2. On 05.10.2001, when Sub Inspector Bhupinder Singh alongwith his official companions was present at bus stop of village Kalyan in connection with patrol duty, Niranjan Singh son of Norata Singh, resident of village Bibipur approached him and lodged a complaint. He stated that on 03.10.2001 when he had gone to visit his nephew (sister's son) Balbir Singh, who was residing separately with his family, he was told by Balbir Singh that he (Balbir Singh) alongwith one Kaka Singh had g