CRIMINAL APPEAL No. 2111 of 2008 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2111 of 2008 Ramu Kachi .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Dharmendra Singh Counsel for Respondent(s) : G.A. Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Dharmendra Singh, learned counsel for appellant and learned Additional Government Advocate for respondent/State. 2. The instant Criminal Appeal under Section 374(2) CrPC has been filed against judgment and order dated 05.09.2008 passed by I Additional Sessions Judge, Court No.7, District Unnao, in Sessions Trial No.167 of 2002, arising out of Case Crime No. 135 of 2001, under Sections 307/34 I.P.C., Police Station Asoha, District Unnao, convicting and sentencing the appellant under Section 307 I.P.C. read with 34 I.P.C. to seven years rigorous imprisonment and a fine of Rs.7,000/- and in default of fine, he shall undergo additional imprisonment of nine months. 3. As per prosecution version, the incident is said to have taken place on 09.10.2001 at about 04.00 p.m. when the complainant alongwith his brother Ram Naresh and cousin Narendra were returning from some work and were waylaid by the appellant and co