1. The present appeal is directed against the judgment and order of conviction passed by the learned 2nd Additional Sessions Judge, Nagpur dated 29.10.2004 in Sessions Trial No.272/2002. By the impugned judgment and order of conviction, the appellant is convicted for the offences under Sections 304II and 452 of the Indian Penal Code. For the offence under Section 452 of the IPC, the appellant was directed to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.1000/- in default of payment of fine to undergo rigorous imprisonment for 6 months. So far as conviction under Section 304II of the IPC is concerned, the appellant is sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for 6 months.

2. The facts giving rise to the present appeal are stated hereunder:

(a) On 24.02.2002, Babanrao Sidam (PW14) was attached to Police Station, Ajni as Police Sub Inspector. His duty was from 9.00 p.m. of 24.02.2002 to 9.00 a.m. of 25.02.2002. At about 22.15 hrs. Kamlabai Pardhi (PW2) came to Police Station along with the dead body of her husband Rambhau in auto rickshaw.