(1.) This appeal is directed against the conviction and sentence imposed by the learned Sessions Judge, Gurdaspur on the accused- appellant in Sessions Case No. 30 of 7.5.1996 (Sessions Trial No. 27 of 25.6.1996) by his judgment dated 3.12.1997 for the offence under Section 304 Part II I.P.C.
(2.) The case of the prosecution may briefly be stated as follows :-
(3.) The learned Magistrate committed the case to the Sessions as the offence was exclusively triable by a Court of Session. The learned Sessions Judge framed a charge against the accused for the offence under Section 302 I.P.C.