(1.) A short issue arises for consideration.
(2.) WHETHER on the evidence on record, the conviction of the appellant has to be sustained for the offence punishable under Section 302 IPC or whether the offence made out is punishable under Section 304 IPC. Further if the conviction has to be for the offence punishable under Section 304 IPC, whether part I or part II thereof is attracted.
(3.) BRIEFLY noted case of the prosecution is that the deceased Jaspal Singh had a doubt whether sum of Rs. 1,800/ - which was collected by him as a taxi fare was removed by a person called Bobby who used to reside near a public toilet at Hanuman mandir, Baba Kharag Singh Marg.