By the Court.—Heard Shri Rajendra Prasad Misra, learned counsel for the appellant, Shri Umesh Verma, learned A.G.A. and perused the record.

2. Instant appeal has arisen against the judgment and order dated 8.2.2013 passed by Additional District and Sessions Judge, Court No. 4, Gonda in S.T. No. 203/2011 arising out of Crime No. 122/2011 under Section 304 I.P.C., P.S.-Itiyathok, District-Gonda, whereby accused-appellant was convicted under Section 304 Part I I.P.C. and was sentenced for life imprisonment and pay a fine of Rs. 5000/- and in default of payment of fine, six months of rigorous imprisonment was also awarded.

3. Facts in brief of the present case are that complainant-Raj Kumar Pandey on 3.4.2011 submitted an information that there are no cordial relations between his parents, namely, Munshi Lal and Pushpa Devi and often they used to quarrel due to domestic problem.

4. On 2.4.2011 when complainant alongwith his younger brother-Akshay Kumar came back from school to home, they found that there was a lock on the main door of their home and searched for their parents.

5. On 3.4.2011 at 8:00 a.m. his father informed the complainant on his mobile phone that the key of lock is kept in the Ramayan and after getting the key, he opened the lock and went inside the house where he found their mother lying dead in the southern side of the room near Court-yard and a nylon cord was wrapped around her neck.

6. Accordingly, an F.I.R. was lodged on 3.4.2011 at 9: 30 p.m., Case Crime No. 122/11 under Section 302 I.P.C., P.S.-Itiyathok, District-Gonda was registered. Thereafter, a inquest report as well as site-plan was prepared by Ram Pyare, Investigating Officer, P.S.-Itiyathok, District-Gonda and post-mortem of dead body was conducted on 3.5.2011 at 3:50 p.m. by Dr. P. K. Srivastava and in the said report, the cause of death has been mentioned due to asphysixia as a result of strangulation. Following ante-mortem injuries were found :

1. Multiple abraded contusion 10cm x 5cm back of left arm.

2. Abraded contusion 2cm x 1 cm back of left elbow.

3. Ligature mark around upper part of neck obliquely placed size 30 cm x 3cm, 5cm below right ear, 5m below chin and 5cm below left ear, on dissection, Fracture Right corner of Hyoid Tissue.

4. Contusion 5sxm x 4cm on left maxillary region of face.

7. Thereafter, charge-sheet was submitted by the Investigating Officer. A case at S. T. No. 203/2011 arising out of Case Crime No. 122/2011 under Section 304 I.P.C. has been instituted in the Court of Additional District and Sessions Judge, Court No. 4, Gonda.

8. Accused-appellant denied the charges and claimed trial.

9. During the trial, eight witnesses were produced from the prosecution side in order to prove the prosecution case.

10. In addition to the said fact, statement of accused-appellant under Section 313 CPC has been recorded.

11. Beside the said facts, on behalf of the accused-appellant, two witnesses, namely, Ram Karan Mishra and Salig Ram were produced and they stated that on the day of incident the appellant was not present at his home and went to attend the cremation of mother of D.W.1 who died on 1.4.2011.

12. Further from the side of the accused-appellant, defence was taken that there was a sudden provocation on the part of the accused-appellant, who found his wife in compromising position with another man and due to the said fact, he became annoyed and wrapped a nylon cord around her neck.

13. Shri Rajendra Prasad Misra, learned counsel for the appellant initially argued the appeal on merit. Subsequently, he submits that he confined his argument only on the point of sentence.

14. Learned AGA does not dispute the said suggestion made by learned counsel for the appellant.

15. From the perusal of the statement given by P.W.3-Raj Kumar Pandey, who is son of the deceased and accused, the position which emerges out is that there are no cordial relations between his parents, namely, Munshi Lal and Pushpa Devi and they often used to q