Hon’ble Arvind Kumar Mishra-I, J.—By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 26.4.2013 passed by the Additional Sessions Judge, Court No. 5, Badaun, in Sessions Trial No. 1065 of 2011 State of U.P. v. Kallu Khan, arising out of Case Crime No. 980 of 2011, under Sections 304, 504 IPC, Police Station- Dataganj, District- Badaun whereby the appellant Kallu Khan has been sentenced to life imprisonment coupled with fine Rs. 10,000/- under Section 304 IPC, with default stipulation for one month’s additional imprisonment. By the same judgment, the appellant Kallu Khan has been exonerated of charge under Section 504 IPC. In this case, the appellant is in jail since trial.

2. Heard Sri Gaurav Kakkar, learned counsel for the appellant and Sri A.N. Mulla, Sri J.K. Upadhyay, Kumari Meena and Syed Hasan Shaukat Abidi, learned AGAs for the State and perused the record of this appeal.

3. Facts germane as reflected from perusal of the record and particularly from the First Information Report reveal that the informant Aziz Khan father of the deceased Jubaida lodged the written report at Police