1. The instant criminal appeal has been filed against judgment and order dated 24.9.1997 passed by Special Sessions Judge, Unnao in Session Trial No. 377 of 1995, P.S. Ajgain, District Unnao whereby and whereunder accused appellant Chandra Prakash @ Prakash was found guilty under Section 304 IPC and was sentenced to undergo rigorous imprisonment for 10 years.

2. The prosecution story as unfolded in the first information report is that on 19.2.1995 at about 4.00 P.M. some oral altercation took place between Smt. Pyara and her daughter with accused appellant Chandra Prakash @ Prakash and accused appellant abused the prosecution witnesses. At about 6.00 P.M. on 19.2.95 accused appellant Chandra Prakash came with lathi, at that time, Smt. Pyara Devi was sitting on her door. The accused appellant abused her and started to beat her with lathi. Her son Ram Khelawan and daughter Munni Devi came there with other persons and exhorted him and then accused appellant fled away. The family