CRIMINAL APPEAL No. 2642 of 2004 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2642 of 2004 Urphan @ Irfan .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Pradeep Srivastava, Farhan Alam Osmany Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Farhan Alam Osmany learned Counsel for accused-appellant and learned A.G.A. for respondent-State. 2. The instant criminal appeal under Section 374(2) Cr.P.C. has been filed against judgment and order dated 15th October, 2004 passed by Additional District & Sessions Judge, Fast Track, Court No.4, Hardoi arising out of S.T.No. 339/04 with case crime No. 03/04 under Section 307 I.P.C., P.S. Pihani, District Hardoi, convicting and sentencing appellant under Section 307/34 I.P.C. for rigorous imprisonment of four years with fine of Rs. 2000/- and six months' simple imprisonment in case of non payment of fine . 3. As per prosecution version, the incident is said to have taken place on 4th January 2004 when the appellant along with co-accused is said to have accosted the brother of informant Nabbu at about 4:30 PM and the appellant along with co-accused is said to have opened fi