1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 24-4-2002 passed by the VII th Additional Sessions Judge, Raipur, C. G., in Sessions Trial No.209/2000 whereby and whereunder the learned Additional Sessions Judge after holding the appellant guilty for causing homicidal death not amounting to murder of Sugriv, convicted the appellant under S.304 Part II of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo rigorous imprisonment for 3 years and to pay fine Rs.5000/-, in default of payment of fine, to undergo additional rigorous imprisonment for 3 months.

2. Conviction is impugned on the ground that without there being any iota of evidence, the Court below convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. As per case of the prosecution, on 22-4-2000 at about 4.00 p.m., Samaru, father of the deceased, Sugriv, reached to Police Station Arang and lodged the First Information Report (Ex. - P / 3) and merg intimation (Ex. - P / 4) wherein he stated that on 21-4-2000, at about 9.00 p.m. when he was present in his neighbour Mangla' s house where marriage of her daughter was being held, th