1. Appellant accused Jai Shanker @ Ashok preferred this appeal against judgment and order dated 4.1.2012 passed by learned Additional Sessions Judge, T.E.C.P-3, Lucknow in the case Crime No.223 of 2010, Session’s Trial No.1010 of 2010 whereby learned Additional Sessions Judge, T.E.C.P-3, Lucknow hold guilty to appellant under section 304 IPC and sentenced 10 years rigorous imprisonment with fine of Rs.5000/-, in default of payment of fine additional six months simple imprisonment.

2. For the disposal of this appeal, the relevant facts are that on 29.4.2010 at about 9.00 P.M, P.W-1 Shri Amit Gupta and his mother deceased Smt. Shanti Devi was sitting outside his house no.215/60, Subhash Marg, P.S Wazirganj in Lucknow. Appellant accused Jai Shanker @ Ashok came suddenly and catch hold the hand of mother of P.W-1 Smt. Shanti Devi and inflicted injuries on the head of Smt. Shanti Devi through brick. On the hue and cry so many persons came at the spot and apprehended the appellant at some distance from the place of incident.

3. Appellant accused was surrendered to Police Officials who were at round. After the apprehension of appellant accused, he told his name Jai Shanker @ Ashok