JUDGMENT :

RAVINDRA MAITHANI, J.

1. Present appeal has been preferred against the judgment and order dated 21.06.2004, passed in Sessions Trial No. 15 of 2000, State vs. Prem Singh and Another, by the court of Sessions Judge, Chamoli (for short “the case”). By the impugned judgment and order, the appellant has been convicted for the offence punishable under Section 304 IPC and sentenced to rigorous imprisonment for a period of seven years with a fine of Rs. 3,000/- in default of payment of the fine to undergo imprisonment for four months. It may be noted that by the impugned judgment and order, co-accused Jawa Devi has been acquitted of the charge under Section 304 IPC.

2. Facts as emerged from the evidence, briefly stated, are as follows:

On 10.04.1998, the deceased Ratan Singh boarded a bus and alighted at Silangi. It so happened that, as soon as, he alighted from the bus, the appellant along with his wife and daughter were approaching the road, while carrying grass from their fields. The deceased made obscene remarks on the wife of the appellant. They had a small altercation. The deceased, thereafter, hold the wife of the appellant by her hand. It is, at this stage, the appellant sn