1. - Three convicts Kesar Singh, Sharvan Singh and Mst. Badami Bai have preferred this appeal to challenge the judgment and order dated 19.12.2000 passed by the court of Special Judge, SC & ST( Prevention of Atrocities Cases) and Addl. Sessions Judge, Pratapgarh in Sessions Case No.148/2000 by which the trial court convicted the three appellants for the charge under Section 302/34, IPC and all have been sentenced to undergo life imprisonment and with a fine of Rs.10,000/- each and in default of payment of fine, to undergo two year's simple imprisonment. During pendency of this appeal, the appellant no.2 Sharvan Singh died and his appeal abated, therefore, the present appeal is on behalf of appellant no.1-Kesar Singh and appellant no.3 Mst. Badami Bai. The appellants no.2 and 3 are brother and mother of appellant no.1 respectively.

2. As per the prosecution case, on 2.9.1996, one Laxman resident of Rawatbhata gave an oral report which was transcribed as Ex.P.5. In the report Ex.P.5 he stated that his sister Asha is wife of Kesar Singh and their marriage took place about 14-15 years ago. Asha had three daughters and one son. Asha's husband (brother-in-law of the complainant)