CRIMINAL APPEAL No. 1897 of 2004 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1897 of 2004 Ram Singh .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : R.K.Asthana, Amit Kumar Gupta, Vikarsh Srivastava Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard learned Counsel for the accused-appellant and Learned A.G.A. for respondent-State. 2. The instant Criminal Appeal under Section 374(2) CrPC has been filed against judgment and order dated 5th July 2004 passed by Additional Sessions Judge (FTC- II), Lucknow in Sessions Trial No. 966 of 2003, State v. Ram Singh convicting and sentencing the appellant as under:- (i) under Section 307 I.P.C. to five years rigorous imprisonment and a fine of Rs.2,000/- and in default of fine, one year's additional imprisonment (ii) under Section 354 I.P.C. to one year rigorous imprisonment (ii) Both sentences shall run concurrently. 3. As per prosecution case, incident is said to have taken place on 23rd November 2002 at about 3.45 p.m. when wife of informant had gone to cut fodder whereupon the appellant is said to have molested her but when the prosecutrix raised an alarm, he opened fire u