JUDGMENT :

SURESH KUMAR GUPTA, J.

1. This criminal appeal has been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 19.1.2006 passed by Additional Sessions Judge/F.T.C. Vth, Sultanpur in Sessions Trial No. 13 of 2004 arising out of Case Crime No. 389 of 2003, U/s 323, 302, 504 IPC relating to Police Station-Kamrauli, District-Sultanpur, convicting and sentencing the appellant for the offence under Section-304 (Part II) of I.P.C. for five years rigorous imprisonment; under Section 323 IPC for three months rigorous imprisonment; and under Section 504 IPC for six months rigorous imprisonment.

2. The prosecution, in brief, is that on 2.11.2003 at around 08.22 pm, the complainant gave oral information with the allegations that his daughter Smt. Babli was married to the son of the accused Rati Pal. When the accused Rati Pal arrived at the house of the complainant for Bidai of Smt. Babli, the altercation started. Due to this, the accused Rati Pal started hurling abuses and beat the complainant Ujagar and his daughter Smt. Babli by means of danda, as a result of which they got injury. On the basis of oral information, the N.C.R. bearing No. 11/2003 was lodged on 2.11.2