MEHBOOB KHAN @ BABU Vs. STATE

JUDGEMENT

(1.) <DJG> KAILASH GAMBHIR,J</DJG>Challenge in the present appeal is to the impugned judgment dated 18.07.1998 and order on sentence dated 23.07.1998 whereby the learned Additional Sessions Judge had convicted the appellant for committing an offence punishable under Sections 302/324 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to imprisonment for life alongwith a fine of Rs.500/ - under section 302 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of three months, and so far as the offence under Section 324 IPC is concerned, the appellant has also been sentenced to undergo rigorous imprisonment for a period of nine months.

(2.) THE germane case of the prosecution in brief is summarized as under:

(3.) AT the outset, Mr. Mukesh Kalia, learned counsel for the appellant, very fairly conceded to the findings of the learned trial court convicting the appellant for committing an offence of culpable homicide. Learned counsel for the appellant, however, laid serious challenge to the conviction of the appellant under Section 302 IPC which as per the learned counsel should have been under Section 304 IPC as the facts of the case would clearly attract Exception 4 to Section 300 IPC.