JUDGMENT :

1. The appellant has preferred the present appeal being aggrieved with the judgment dated 3-7-1997 passed by the Sessions Judge, Raisen in S.T.No.44/1995, whereby the appellant has been convicted of offence under section 304 Part-II of Indian Penal Code and sentenced to 7 years rigorous imprisonment.

2. The prosecution's case, in short, is that, on 29-7-1994, at about 00.30 a.m., the deceased Prem Singh as well as the appellant were working in Ralson Factory, Mandideep, which was a tyre factory. Suddenly, the victim sustained an injury on his Criminal Appeal No. 1555 of 1997 neck by sharp cutting weapon. Ramdhani Paswan, Shift Incharge rushed to the spot and with the help of Jung Bahadur and Bheem Singh, the deceased Prem Singh was sent to Hamidia Hospital, Bhopal in a vehicle. However, the deceased Prem Singh had expired. A merg intimation, Ex.P/10 was recorded at Police Station Mandideep, Bhopal on the basis of information given by Radio Operator, Non-Urban Control, Bhopal. On the same day, at about 9.40 a.m., Ramdhani Paswan had lodged an FIR, Ex.P/1 that a quarrel took place between the appellant and Prem Singh and therefore, the appellant gave a blow of rubber cutter