(1.) Heard learned counsel for the parties.
(2.) The instant Criminal Appeal under Sec. 374 (2), Cr.P.C. has been moved on behalf of the appellant against the judgment and order 3/9/2004 passed by Additional Session Judge, Fast Track Court No. 03, Sitapur, in Session Trial No. 77 of 2003, ariIndian Penal CodeCrime No. 239 of 2002, under Ss. 304 Part-II IPC read with 34 IPC, Police Station Laharpur, District-Sitapur, convicting and sentencing the appellant under 304 Part-II IPC read with 34 IPC to undergo 7 years rigorous imprisonment and a fine of Rs.500.00, with default stipulation.
(3.) According to the story of prosecution indicated in the written report (Exhibit-Ka-1) submitted by informant-Chottey Lal on 20/6/2002, Police Station-Laharpur, District-Sitapur, Smt. Kiran Devi wife of Ram Kumar, was in live-in relationship with accused Rakesh. On 19/6/2002, the date of incident, at 8 PM, when Smt. Kiran Devi was passing infront of the main door of the house of the informant-Chottey Lal, Ram Kumar, husband of Smt. Kiran Devi, and younger cousin brother of informant caught Smt. Kiran Devi and between these persons hot talk took place and suddenly accused Dulare and Rakesh appeared and hurled abuses and also threw a brick, which caused injury to mother of the informant-Chottey Lal namely Ram Rani, who expired on account of injury sustained.
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