The instant appeal is preferred against the judgment and order dated 25.2.2002 passed by Additional Ses­sions Judge, Fast Track Court No. 1, Fatehpur in Session Trial No. 589 of 1997-State v. Sitaram arising out of Case Crime No. 123 of 1997.

2. The appellant has been convicted and sentenced under Section 304 I.P.C. for life imprisonment and fine of Rs. 4,000/-. In de­fault of payment of fine, one year imprison­ment and also under Section 324 I.P.C. 2 years R.I. The trial had proceeded under Sections 304, 308 I.P.C. but the conviction was con­verted under Section 324 I.P.C. instead of Section 308 I.P.C.

3. The appellant is in jail since last 13 years. He had no counsel to defend himself and, therefore, Sri Amit Kumar Srivastava Advo­cate was appointed as Amicus Curiae in the instant appeal to argue the case.

4. The incident is said to have taken place on 3.6.1997 at 12.30 p.m. in the house of first informant Ram Swarup who happens to be real brother of the accused. F.I.R. was regis­tered on the same day i.e. 3.6.1997 at 1.20 p.m. at Police Station Khakhreru, District Fatehpur. The accused appellant was arrested on the spot.

5. According to narration of the F.I.R. reg­istered on 3.6.199

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