Mukteshwar Prasad, J. - (1.) Accused Kishore, son of Khushi Ram, has come up in appeal under Section 374 Cr.P.C. against the judgment and order-dated 5.2 1981 passed by the then Additional Sessions Judge, Etah in S.T. No. 755 of 1978 whereby she convicted him under Section 307 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of five years
(2.) In nutshell, the allegations which led to the prosecution of the appellant were as under.
(3.) P.W. 2 Pokh Pal, son of Deena Nath, a resident of village Matwaria, P.S. Jaithra, handed over a written report to the police on 27.1.1978 at 9-30 P.M. and on the basis of report, the local police registered a case against the appellant and his brother Suresh under Section 307 I.P.C. P.W. 4 Chokhe Lal is real younger brother of the informant and P.W. 3 Roop Lal is admittedly son of the informant's mother's sister (Mausi).;