JUDGMENT :

1. Heard learned counsel for the appellant and learned A.G.A.

2. This criminal appeal arises out of judgment and order dated 05.01.2016 passed by the Additional Session Judge/Special Judge (D.A.A. Act), Jhansi in S.T. No.84 of 2014 arising out of Case Crime No. 123 of 2013, Police Station-Sadar Bazar, District-Jhansi, convicting the appellant (accused) under Section 304 (1) IPC and sentencing him to undergo rigorous imprisonment for 10 years and a fine of Rs. 15,000/-and in default of payment of fine, six months rigorous imprisonment.

3. In brief the prosecution case is that complainant Smt. Deepika presented an application dated 13.12.2013 at Police Station-Sadar Bazar, Jhansi alleging therein that her husband is Sepoy in the Army and posted at Jhansi. In the evening of 7/8-12-2013 at 7 p.m. her husband in drunken condition came to the house. After taking dinner complainant with her three children, mother-in-law Narmada Bai and mother Lalita went to sleep at 10 p.m.. At about 3 a.m. she woke up on hearing some shrieks then she saw her husband standing beside the cot of her mother holding a Gaiti in his hand. Her mother was lying on the cot bleeding from her head. She came