JUDGMENT

Prafulla C. Pant, J.

These appeals are directed against judgment and order dated 24.08.2007, passed by the High Court of Judicature at Allahabad, Lucknow Bench, in Criminal Appeal No. 201 of 2007 whereby said Court has disposed of Capital Reference No. 2 of 2007 along with criminal appeals filed by appellant Devendra Nath Srivastava arising out of judgment and order dated 18.01.2007 passed by Additional Sessions Judge/Special Judge (E.C. Act) Gonda, relating to conviction of the appellant under Section 302 of Indian Penal Code (for short "IPC") in Sessions Trial No. 258 of 2005. By the impugned order passed by the High Court, conviction of the appellant under Section 302 IPC has been set aside, instead he is convicted under Section 304 Part I IPC, and sentenced to rigorous imprisonment for ten years and to pay fine of 10,000/-, in default to under further ? six months rigorous imprisonment.

2. Prosecution story, in brief, is that appellant Devendra Nath Srivastava got married to Madhu Srivastava (deceased) on 04.03.1994. The couple had four children. On 12.05.2005 at about 7.30 p.m., complainant Shailender Kumar Srivastava, who is nephew of the appellant, heard cries of the a