Ghandikota Sri Devi, J.

The present appeal has been filed by the accused-appellant Kaushal from Jail being aggrieved by the judgment and order dated 27.02.2014 passed by the learned Additional Sessions Judge, Court No.1, Firozabad whereby the accused-appellant was convicted for the offence under Section 304 I.P.C. and he was sentenced to undergo rigorous imprisonment for 10 years and also to pay the fine of Rs. 2000/-. In default of payment of fine, he was further sentenced to simple imprisonment of 3 months, in Sessions Trial No. 167 of 2011 (State Vs. Kaushal) arising out of Case Crime No. 478 of 2010, P.S. Tundla, District Firozabad.

2. The facts in nutshell as emerged from the prosecution case are that the informant Mukesh Rawat, resident of Nai Basti, M.P. Road, Surmewali Gali, Tundla had given a written report at Police Station Tundla inter-alia stating therein that his neighbour and relative Jagdish Prasad, aged about 75 years was residing in his house, he was having 2 sons, namely, Virendra Kumar and Kaushal. However, his both sons were not mentally stable. Kaushal and Jagdish Prasad have kicked out Virendra Kumar from their house and he used to stay in the village