JUDGMENT : Rajiv Sharma, J. This appeal is instituted against the judgment and order dated 07.12.2016, rendered by learned Sessions Judge, Uttarkashi, in Sessions Trial No. 06 of 2014, whereby the appellant was charged with and tried for the offences under Section 302 read with Section 201 IPC. The appellant was convicted and sentenced to undergo life imprisonment under Section 302 and to pay a fine of Rs.25,000/- and in default of payment of fine to undergo additional six months rigorous imprisonment. The appellant was further convicted and sentenced to undergo seven years’ rigorous imprisonment under Section 201 IPC and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo additional two months’ rigorous imprisonment. All the sentences were ordered to run concurrently. 2. The case of the prosecution, in a nutshell, is that on 17.03.2014 one Sri Kapoor Chand has informed the police on mobile that a body was lying in a field. Thereafter, S.H.O. J.P. Kukreti, S.I. Mahadev Uniyal along with other constables went to the spot. The dead body was seen in the mustard field. Thereafter, the brother of the deceased also lodged a report. The dead body was sent for postmortem examination. The matter was investigated and the challan was put up against the appellant after completing all the codal formalities. The prosecution has examined number of witnesses in its support. The statement of the appellant was recorded under Section 313 of Cr.P.C. He has denied the case of the prosecution. The appellant was convicted and sentenced, as noticed hereinabove. Hence, the present appeal. 3. Learned Advocate for the appellant has vehemently argued that the prosecution has failed to prove its case beyond reasonable doubt against the appellant. Learned counsel appearing on behalf of the State has supported the judgment and order dated 07.12.2016. 4. We have heard learned counsel for both the parties and perused the judgment and record very carefully. 5. PW1 Bhagwan Singh has deposed that a telephonic call was received on 17.03.2014 that the body of Gopal Singh was lying in mustard field. He went to the spot. Panchnama was prepared. The clothes were recovered. Police has also taken into possession the blood soaked soil. 6. 5. PW1 Bhagwan Singh has deposed that a telephonic call was received on 17.03.2014 that the body of Gopal Singh was lying in mustard field. He went to the spot. Panchnama was prepared. The clothes were recovered. Police has also taken into possession the blood soaked soil. 6. PW2 Jagmohan Singh testified that his brother Bhagwan Singh told him that a telephonic call has come from Uttarkashi Police State to the effect that the dead body of his younger brother was lying in the field. They went to the police station. The brother of deceased Gopal Singh submitted the application. Panchayatnama was prepared. 7. PW3 Kapoor Chand has deposed that on 16.03.2014 the night watchman has informed him that the body of a person was lying in the field. He informed the police. The police has reached the spot. 8. PW4 Jaiveer Singh is the material witness. He deposed that he has come from Srinagar. He parked the vehicle in Vegetable market. He met Gopal. He was working as a Conductor. They consumed liquor. Thereafter, they came to Tambakhani taxi stand. They hired two seats on the vehicle of Shahrukh Khan. They reached the place called Sald. They met the appellant. He stopped their vehicle. He asked him to see his vehicle. He came down. The passengers of Bhupendra Singh’s vehicle also came to Shahrukh Khan’s vehicle. Gopal went in the vehicle of Shahrukh Khan. He brought the appellant’s vehicle upto Sald village. The appellant called Sunil with vehicle. He along with the appellant went upto Village Bharan in the vehicle of Sunil. They consumed one bottle of liquor. Shahrukh Khan had also come back. The appellant gave 45 slaps to him. One bottle of liquor was lying in the vehicle of Shahrukh Khan. He demanded the same from him. Thereafter, he, appellant and Bharat Singh consumed the liquor. Sunil did not take any liquor. Thereafter, he, Sunil and the appellant went upto village Uprikot. He went to urinate. When he came back, he saw that the appellant was giving beatings to Gopal. Gopal requested him to save him. The appellant also gave 2-3 slaps to him. He ran away from the spot. He met Ranveer Singh on the way. He was medically examined on 18.03.2014. His statement was recorded under Section 164 of Cr.P.C. 9. PW5 Prem Lal was declared hostile. 10. Gopal requested him to save him. The appellant also gave 2-3 slaps to him. He ran away from the spot. He met Ranveer Singh on the way. He was medically examined on 18.03.2014. His statement was recorded under Section 164 of Cr.P.C. 9. PW5 Prem Lal was declared hostile. 10. PW6 Ranjeet Singh has deposed that on 16.03.2014, he met PW4 Jaiveer Singh. He told him that the appellant had beaten him. He recognized Jaiveer Singh with the help of torch. He was injured. Jaiveer Singh told him that Rupendra Singh was quarreling with him. He did not narrate the name with whom he has picked up the quarrel. Jaiveer Singh went to the house of his sister. He wanted to go down but his wife persuaded him not to do so. 11. PW7 Dr. Bhagendra Singh has conducted the postmortem examination. According to him, the deceased died due to asphyxia due to fracture of hyoid and cricoid cartitage. The time gap between the death and postmortem examination was 24-36 hours. 12. PW8 Vikram Singh has deposed that he was driver of vehicle No. UK10-0058. Jaiveer Singh was the driver and Gopal Singh @ Commando was the conductor. One Bolero car went out of order near Sald. The vehicle was stopped by the appellant. Jaiveer Singh was the experienced driver. One lady also came to his vehicle. At 07-07:15 PM, the appellant came on the spot. He was called by them. The appellant gave him 3-4 slaps. 13. PW9 Smt. Rajni Devi was declared hostile. 14. PW10 Constable Arvind Kumar is the formal witness. 15. PW11 Sunil Chauhan has deposed that he was the taxi driver. Bharat Singh called him that he should bring the vehicle to Sald to take them to village Bharand. He brought the vehicle back to Sald. He took Bharat Singh and Rupendra to Bharangaon. They consumed liquor at Bharangaon. Shahrukh Khan also reached the spot. The appellant gave 3-4 slaps to Shahrukh Khan. 16. PW13 Bharat Singh has deposed that he was the taxi driver. In his vehicle, appellant-Rupendra Singh, Smt. Rajni and other passengers were sitting in his vehicle. The vehicle went out of order. Shahrukh Khan reached the spot. The vehicle was stopped by him and the appellant and Jaiveer was sitting in the jeep. They requested Jaiveer to repair their vehicle. The passengers sitting in his vehicle sat in Shahrukh Khan’s vehicle. In his vehicle, appellant-Rupendra Singh, Smt. Rajni and other passengers were sitting in his vehicle. The vehicle went out of order. Shahrukh Khan reached the spot. The vehicle was stopped by him and the appellant and Jaiveer was sitting in the jeep. They requested Jaiveer to repair their vehicle. The passengers sitting in his vehicle sat in Shahrukh Khan’s vehicle. Jaiveer rectified the defects and brought the vehicle to Sald. In the meantime, Sunil also brought his jeep. He took him, appellant and Jaiveer to Bharangaon. They consumed liquor. Shahrukh Khan also reached the spot. The appellant gave slaps to Shahrukh Khan. He reached his village Khurkot at 11:00 PM. 17. PW14 Dr. S.P. Kudiyal has medically examined the appellant and noticed five injuries on his body. These were simple in nature. 18. PW15 Dr. Tarun Bukeshwar has medically examined Jaiveer Singh. He noticed five injuries on his body. The injury no.4 was grievous in nature. 19. PW16 Constable Utsav Saini has taken away the recovered articles to FSL and deposited the same on 22.03.2014. 20. PW17 A.S.I. Mahadev Uniyal has deposed that Kapoor Chand has informed the police that a body was lying in Uprikot. They went to the spot. 21. PW18 Inspector J.P. Kukreti has also deposed that a telephonic call was received from Kapoor Chand. They reached the spot. The spot was inspected by him. 22. What emerges from the statements, as discussed hereinabove, is that PW4 Jaiveer Singh has deposed that on 16.03.2014 he met Gopal Singh. Gopal Singh was working as Conductor. They consumed liquor. They hired the vehicle at Tambakhani taxi stand. The appellant met them near Sald. They stopped their vehicle. He got down from the vehicle. Gopal went in the same vehicle. He went in the appellant’s vehicle to Sald in the company of others. They consumed liquor. He demanded one bottle of liquor from Shahrukh Khan. They again consumed liquor. The appellant has also summoned Sunil to come to the spot. He along with Sunil and the appellant went upto village Uprikot. He went to urinate. When he came back, the deceased Gopal Singh was beaten up by the appellant. The appellant also gave him 2-3 slaps. He left the spot and met PW6 Ranjeet Singh. PW5 Prem Lal was declared hostile. PW6 Ranjeet Singh has deposed that he recognized PW4 Jaiveer Singh with the help of torch. He went to urinate. When he came back, the deceased Gopal Singh was beaten up by the appellant. The appellant also gave him 2-3 slaps. He left the spot and met PW6 Ranjeet Singh. PW5 Prem Lal was declared hostile. PW6 Ranjeet Singh has deposed that he recognized PW4 Jaiveer Singh with the help of torch. He was told about the incident but he did not go down to the spot. 23. It has come on record that Gopal Singh and PW4 Jaiveer Singh were travelling in one jeep. The vehicle was stopped by the appellant. PW4 Jaiveer Singh was experienced driver. The appellant requested PW4 Gopal Singh to repair his vehicle. The appellant went to Uprikot. The appellant has requested Sunil to come to the spot to fetch them towards Uprikot. 24. It has also come on record that the appellant, PW4 Jaiveer Singh, PW8 Vikram Singh and PW13 Bharat Singh have consumed liquor. PW4 Jaiveer Singh had gone to urinate. He came back. He saw that the appellant administering beatings to deceased. He was also given 2-3 slaps by the appellant. He went towards Uprikot. The cause of death of the deceased is asphyxia due to fracture hyoid and cricoid cartitage. There is no enmity between the appellant and the deceased Gopal Singh. It is apparent that the deceased along with the appellant and other witnesses have consumed liquor. They have consumed two bottles of liquor. The quarrel has taken place between the appellant and Gopal singh. The appellant has given beatings to Gopal Singh. According to the material brought on record, the appellant has also slapped Shahrukh Khan as well as PW4 Jaiveer Singh. It was expected from the PW4 Jaiveer Singh to rescue Gopal Singh. PW6 Ranjeet Singh has also not gone to the spot where the quarrel has taken place. There was no premeditation by the appellant. The appellant has also received as many as five injuries on his body. PW4 Jaiveer Singh has also received five injuries. One injury was grievous in nature. The appellant has caused bodily injury to Gopal Singh which led to his death. Thus, this case will fall within the ambit of Section 304-1 IPC and not under Section 302 IPC. The appellant has also received as many as five injuries on his body. PW4 Jaiveer Singh has also received five injuries. One injury was grievous in nature. The appellant has caused bodily injury to Gopal Singh which led to his death. Thus, this case will fall within the ambit of Section 304-1 IPC and not under Section 302 IPC. The case would fall within Exception 4 of Section 300 IPC, the act was committed without premeditation in a sudden fight in a heat of passion upon a sudden quarrel. The appellant was not armed with any weapon. He has not acted in a cruel or unusual manner. The appellant has caused disappearance of evidence by hiding the body in the mustard field. Thus, he was rightly been convicted under Section 201 IPC. 25. Accordingly, the criminal appeal is partly allowed. The conviction of appellant-Rupendra @ Bhupendra @ Saunthiya is converted from Section 302 to Section 304 (Part-1) IPC. 26. Appellant-Rupendra @ Bhupendra @Saunthiya be produced before this Court in jail custody on 02.04.2018 for hearing on the quantum of sentence under Section 304-(Part-1) IPC. Production warrant be accordingly prepared and executed through concerned Jail Superintendent ensuring the presence of appellant-Rupendra @Bhupendra @Saunthiya on the next date fixed. 27. List on 02.04.2018 for further orders. 28. Let a copy of this judgment along with LCR be sent back to the trial court for forthwith compliance.