JUDGMENT :

Nalin Kumar Srivastava, J.

1. Present criminal appeal has been preferred by the appellant Puttan Yadav @ Vipin against the judgment and order dated 20.1.2014 passed by the Sessions Judge, Kanpur Dehat in Sessions Trial No.91 of 2013 (State vs. Puttan Yadav @ Vipin), arising out of case crime no. 638 of 2012, convicting and sentencing the appellant for the offence punishable under Section 304 (Part-I) IPC to undergo life imprisonment and a fine of Rs. 5,000/-with stipulation of default clause.

2. Brief facts of the case, as culled out from the record, are that a written report was submitted by the complainant Gore Lal son of Ram Nath, resident of village Chakeri, Police Station Chakeri, District Kanpur Nagar at Police Station-Akbarpur, District-Kanpur Dehat in which averments were made that Km. Laxmi, niece (bhanji) of the informant, aged about two years, had sustained injuries and she was hospitalized at Kabir Hospital, Kanpur Nagar by the appellant and his family members. She expired during treatment. Anita, sister of the informant, was also harassed by the accused persons.

3. On the basis of the written report (Ext. ka-1), Death Information Report (Ext. ka-2) was registered at Police Station concerned on 30.10.2012 at 9.15 a.m., mentioning all the details as described in Ext. Ka-1. After post mortem and enquiry, a G.D. entry for registration of the case was also made, which is Ext. Ka-3.

4. Investigation of the case proceeded. The Investigating Officer recorded the statements of the witnesses, inspected the spot and prepared site plan. He also prepared the inquest report of the deceased and papers relating to post mortem.

5. Post mortem of the dead body of the deceased was performed and Autopsy report (Ext. ka-4) was prepared by Dr. Sanjeev Kumar on 30.10.2012 at 2.30 p.m. On examination of the dead body of the deceased, following ante-mortem injuries were found:

“(1). Abrasion - 3 cm X 2 cm over Right side of fore head approx 3 cm above Right eye brow.

(2) Abrasion – 2 cm X 1 cm over left side of fore head, approx 4 cm above Left eye brow.

(3) Contusion – 2 cm X 2 cm, at vertex (Top of scalp).

(4) Contusion – Swelling – 4 cm X 4 cm, over occipital region.

(5) Contusion – 5 cm X 4 cm, over right cheek.

(6) Contusion – 3 cm X 3 cm, over left cheek.”

6. In the opinion of the doctor, death was caused by reason of shock due to injuries on vital parts (Head Injury).

7. After completing the investigation, charge-sheet (Ext. ka-12) against the accused appellant was filed. Concerned Magistrate took the cognizance and the case, being exclusively triable by Sessions Court, was committed to the Court of Sessions.

8. Accused appeared before the trial court and charge under Section 304 IPC was framed against him. Appellant denied the charge and claimed his trial.

9. Trial proceeded and to bring home the charge against the accused/appellant, prosecution has examined in all five witnesses, who are as follows:

10. In support of oral version, following documents were filed and proved on behalf of the prosecution:

11. After conclusion of evidence, statement of accused appellant was recorded under Section 313 CrPC, wherein he pleaded interalia his false implicat