CRIMINAL APPEAL No. 2844 of 2009 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2844 of 2009 Akhilesh Kumar .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Santosh Kumar Kanaujia Counsel for Respondent(s) : Govt. Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Santosh Kumar Kanaujia, learned counsel for appellant and Mr. Vishwas Saraswat, learned AGA appearing on behalf of respondent- State. 2. This Criminal Appeal has been filed by appellant under Section 374(2) Cr.P.C. to set aside order dated 26.10.2009 passed by Additional Sessions Judge, F.T.C.-6, Lakhimpur Kheri in Sessions Trial No.411 of 2001 arising out of Crime No.134 of 1999; State of U.P. versus Akhilesh Kumar & Ors. relating to Police Station Haidrabad, District Lakhimpur Kheri, convicting and sentencing the appellant under section 306 I.P.C. for five years rigorous imprisonment and fine of Rs.3,000/-and in default of payment of fine three months further rigorous imprisonment. 3. As per prosecution version, incident is said to have taken place on 11.08.1999 when the informant's daughter namely, Kavita Devi committed suicide after five years of marriage with the appellant. As per