JUDGMENT :

1. Heard Sri Shishir Pradhan, learned counsel for the appellant and learned A.G.A. for the State as well as perused the record.

2. This appeal has been filed against the judgment and order dated 10.3.2004 passed by the Fast Track Court No. 1/ Additional Sessions Judge, District-Raebareli in Sessions Trial No. 253/1996 in case crime no. 11/1993 (State of U.P. Vs. Ishtiyaq Khan and others), Police Station-Mohanganj, District-Raebareli whereby the appellant is convicted under Section 307 I.P.C. to undergo five years rigorous imprisonment and fine of Rs. 1000/-and further the appellant is convicted for one year rigorous imprisonment under Section 452 I.P.C. and fine of R. 500/-In case of default in payment of fine the appellant shall suffer two months additional imprisonment. All the sentence shall run concurrently. .

3. Brief facts of the case emerges from the written report Exbt-Ka-1 is that the complainant-Jumni Khatoon and her husband Mohd. Hanif were residing in half portion of the house of Mohd. Hanif. At the time of incident, Smt. Armani, who is step wife of Mohd. Hanif, was also residing along with her son and daughter in the half portion of the house. Step wife-Smt. Ar