Z.K. Saiyed, J.

1. The present conviction Appeal has been filed by the appellant-original accused, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 14.10.2010 rendered in Sessions Case No. 74 of 2007 by the learned 2nd Additional Sessions Judge, Bharuch whereby the appellant-accused was convicted for the offence punishable under Section 304 Part-II of the Indian Penal Code and sentenced to undergo five years rigorous imprisonment with fine of Rs. 1000/-, in default of payment of fine, further rigorous imprisonment of two months.

2. It is the case of the prosecution that the appellant is the cousin of the deceased Shankar alias Ganpat Khushalbhai Machhi Patel and they are residing in a small village of Bharuch District named Shuklatirth. The appellant is a young person of 30 years. According to the case of the prosecution, on 10.04.2007, when the deceased Shankar asked for dinner to his mother Maniben, she asked him to wait for sometime, so the deceased got angry and started quarreling with her. They both came out of their house fighting and hurling abuses. At that time, the accused Rajesh Chhaganbhai Machhi Patel was standing in his Varandah. He as