(1.) MUKTESHWAR Prasad, J. Accused Vishali, son of Maiyadin, filed this appeal against the judgment and order dated 30-10-1981 passed by Sri D. K. Agrawal, the then Additional Sessions Judge, Banda whereby he convicted the accused under Section 304 Part II IPC and sentenced him to suffer rigorous imprisonment for a period of five years.
(2.) IN brief, the facts of the case leading to the prosecution of the appellant are as under.
(3.) RAM Bhawan got a report of the incident prepared on 12-1-1981 by Babu Prasad Tiwari and reached P. S. Bisanda and lodge a FIR. The local police registered a case on 12-1-1981 at 8. 30 a. m. at crime No. 13.