Judgment N. L. TIBREWAL, J. ( 1 ) THIS appeal is directed against the judgment dated, April 30, 1993 passed by the Sessions Judge, Jhunjhunu, in Sessions Case No. 40/91, whereby the appellant, Shrawan, was convicted under section 302 I. P. C. and sentenced to imprisonment for life and to pay a fine of Rs. 200/ -. In default of payment of fine, to further undergo - one months simple imprisonment. ( 2 ) IN brief, the prosecution case is that P. W. 2, Mohan, made a report, Ex. P. 1, at Police Station, Kotwali Jhunjhunu, at 8. 30 a. m. on 1. 4. 199 1. In this report it was stated that his brother, Srichand (now deceased) had gone to the bus station of Narsinghpura at 6. 30 P. M. on 31. 3. 1991. The accused-appellant was with him and his brother was murdered by the appellant, Shrawan on the way towards hillock from Fatehpura. It was also stated that the children of Durga Ram had seen the incident. It was also stated in the report that Srichaild was having a bag which contained some money and in order to take the money, he was murdered by the appellant. Then it was stated that the appellant Shrawan himself came to the house of Srichand in the night and intimated that he was lying dead on the hillock. There upon, the villagers went there and found Srichand lying dead having injuries on his person. He was brought home at mid night. On this report, F. I. R. Ex. P. 2, was chalked out and crime No. 92/91 was registered under section 302 I. P. C. The post-mortem of the dead body of Shrawan was conducted by Dr. Sita Ram Sharma, P. W. 9, who was Medical Jurist, B. D. K. Hospital, Jhunjhunu, at the relevant time. He found as many as 22 injuries on the person of the deceased, which were abrasions, contusions and lacerations. The cause of death was opined to be shock due to blecding and fractures of ribs and injuries on lungs and lever. Sita Ram Sharma, P. W. 9, who was Medical Jurist, B. D. K. Hospital, Jhunjhunu, at the relevant time. He found as many as 22 injuries on the person of the deceased, which were abrasions, contusions and lacerations. The cause of death was opined to be shock due to blecding and fractures of ribs and injuries on lungs and lever. ( 3 ) AFTER completion of the investigation, a charge-sheet was filed against the appellant under section 302 I. P. C. Ultimately, he was tried in the court of the learned Sessions Judge, Jhunjhunu, for the offence under section 302 I. P. C. During the course of trial, prosecution examined as many as 14 witnesses. The accused denied his involvement in the crime in his statement under section 313 Cr. P. C. and one witness, namely, Shri Sheoram was examined in defence. The learned trial court convicted and sentenced the accused under section 302 I. P. C. as indicated above. ( 4 ) TWO-FOLD submissions were made by the learned counsel appearing for the appellant. The first submission is that the conduct of the accused shows that he was innocent otherwise, he would not have informed the family members of the deceased Srichand that he is lying dead on the hill. The second contention of the learned counsel is that the offence does not travel beyond Sec. 325 I. P. C. or in any case, under section 304 Part II I. P. C. ( 5 ) WE have given our careful consideration to the submissions made by the learned counsel for the appellant. So far as the first contention is concerned, suffice is to say that there is overwhelming evidence against the appellant that he inflicted injuries to the deceased. P. W. 1 Smt. Sarli and P. W. 5 Ramchandra, are the eye witnesses of the incident. It may be stated that as per the statement of P. W. 1 Smt. Sarli, she had seen the accused Shrawan and deceased Srichand going towards the hillock and Shrawan was assaulting him at that time. She saw them while standing outside her house and she asked her sons Ram Chander and Rajendra to pacify the quarrel. It may be stated that as per the statement of P. W. 1 Smt. Sarli, she had seen the accused Shrawan and deceased Srichand going towards the hillock and Shrawan was assaulting him at that time. She saw them while standing outside her house and she asked her sons Ram Chander and Rajendra to pacify the quarrel. She has also stated that his sons, Ram Chander and Rajendra went to Srichand and Shrawan and, after returning, she was informed that Shrawan had told to his sons that he was going to leave Srichand at his residence. In the morning, she heard that Srichand had died. P. W. 5, Ramchandra has also stated that in the evening at 5 p. m. , he was grazing his cattle in a field near his house. His mother was at his residence. He saw that the accused Shrawan was taking the deceased Srichand towards Fatehpura and Shrawan was assaulting Srichand with fists and kicks. Then he was asked by his mother to go and pacify them. There upon, he and his brother, Rajendra, went to pacify them and asked Shrawan as to why he was assaulting Srichand. Thereupon, Shrawan told that he was going to leave Srichand at his house and thereafter, they went towards hillock and Shrawan was giving fists and kick blows on Srichand. He also stated that Srichand was having a bag in his hand. ( 6 ) WE have minutely examined the evidence of P. W. 1, Sarli and P. W. 5, Ramchandra. From the statement of Ramchandra it is clear that he knew both, deceased Srichand and accused Shrawan from before. The evidence of both the witnesses is quite natural and firm. They are independent witnesses having no motive to implicate the appellant, Shrawan. After going through their evidence we are convinced that the learned trial court rightly accepted their evidence. The statement of Narendra (P. W. 3) further corroborates the testimony of P. W. 1, Sarli as he has stated that he was informed by her in the morning that Shrawan accused was taking Srichand towards hillock and he was assaulting at that time. The further corroborative evidence is the recovery of the bag of the deceased Srichand from the possession of the appellant. The further corroborative evidence is the recovery of the bag of the deceased Srichand from the possession of the appellant. Another corroborative evidence is that the impression of shoes of the appellant were found at the place of incident and as per F. S. L. report (Ex. P. 16), chance shoe impression was the impression of right shoe of Shrawan appellant. The learned trial court has elaborately discussed the evidence, as such, we need not repeat the same.- Suffice is to say that there is cogent and reliable evidence to connect the accused with the crime and he was rightly convicted by the learned trial court. ( 7 ) THE second question which is more important is about the offence committed by the appellant. The learned counsel appearing for the appellant has also seriously challenged the conviction of the appellant under section 302 I. P. C. It was contended by the learned counsel that from the evidence of P. W. 14, Kailash, it transpires that the deceased Srichand and the appellant Shrawan were having good relations and they had no enmity; in as much as, both of them had gone to him at 6 p. m. on the day of incident and asked to provide liquor. Thereafter, both of them enjoyed liquor and went together. At that time, the deceased was having a bag of black colour in his hand. It was also contended by the learned counsel that even as per the prosecution case, the appellant was having no weapon and the assault was made by fist and kick blows. Then it was contended that the very fact that the appellant came to the house of the deceased and intimated to his family members about the dead body lying at the hillock, shows that he had no intention to commit murder of the deceased. In our opinion, this contention of the learned counsel has merit. From the evidence on record, it docs not appear that the appellant and the deceased were inimical. They went together to P. W. 14, Kailasil and enjoyed liquor and thereafter, left together towards Fatehpura. No weapon was with the appellant. All these show that after taking liquor some dispute might have arisen between the appellant and the deceased all of a sudden and the deceased was given fist and kick blows by the appellant. They went together to P. W. 14, Kailasil and enjoyed liquor and thereafter, left together towards Fatehpura. No weapon was with the appellant. All these show that after taking liquor some dispute might have arisen between the appellant and the deceased all of a sudden and the deceased was given fist and kick blows by the appellant. Taking into consideration the totality of the circumstances we are satisfied that the appellant had no intention to commit murder of the deceased. However, taking into consideration the number of injuries and the fractures sustained by the deceased, we are satisfied that the accused had the knowledge that the injuries caused by him were likely to cause death of Srichand, as such, he is guilty of the offence under section 304 Part II, I. P. C. ( 8 ) CONSEQUENTLY, we allow this appeal in part. The conviction and sentence awarded to the appellant under section 302, I. P. C. are set aside and he is convicted under section 304, Part II I. P. C. The appellant has already remained in jail for 2627 months by now. As per his statement under Sec. 313 Cr. P. C. , at the time of incident the accused-appellant was 21 years of age. Taking into consideration the period already undergone and the age of the appellant, we are of the considered view that the sentence of imprisonment already undergone by him shall meet the ends of justice provided the sentence of fine is enhanced substantially. We, therefore, sentence him to the period of imprisonment already undergone by him and to pay a fine of Rs. 15,000/ -. In default of payment of fine he shall undergo imprisonment for a period of two years. If the amount of fine is realised, the same shall be paid to the legal heirs of the deceased-Srichand. Three monthst time is granted to the appellant to deposit the amount of fine, failing which, the trial Court shall take steps for his arrest to serve out the remaining part of sentence in default of payment affine. Presently, the appellant is in jail he shall be released forthwith if not required in any other case. Appeal allowed partly.