JUDGMENT :

1. Heard Sri Pankaj Kumar Asthana, learned Amicus Curiae for the appellant, learned A.G.A. for the State and perused the record.

2. The present appeal is filed challenging the judgement dated 18th February, 1983 passed by the Special and Additional Sessions Judge, Ghazipur in Sessions Trial No. 143 of 1982 (State Vs. Kanta and others), whereby the Appellant – Kanta has been convicted under Section 304 of the IPC and has been sentenced for three years rigorous imprisonment under Section 304 (II) of the IPC.

3. As per the prosecution case, on 27th October, 1981, at about 11:00 a.m., complainant – Chandrajeet lodged a First Information Report at Police Station Qasimabad, District Ghazipur being Case Crime No. 161 under Section 304 of the IPC against Kanta Yadav (Appellant), Rama Shankar Yadav and Sudarshan. The prosecution case as per the First Information Report is to the effect that the complainant was resident of Village Bhatpura under Police Station Qasimabad. On 26th October, 1981, at about 12 noon, there was heated argument between the complainant and his nephew Sudarshan with regard to selling of agricultural land jointly belonging to the complainant and his nephew Suda