AKHTAR HUSAIN KHAN, J. - (1.) PRESENT appeal has been filed by accused appellant Hari Kishan under section 374(2) Cr.P.C. against judgement and order dated 7.7.2008 passed by learned Session Judge, Auraiya in S.T. No.178 of 2001 (State Vs.Hari kishan) arising out of Crime No.19 of 2000, under sections 307 I.P.C. and 3(2)(5) S.T./S.T. Act, Police Station Phaphoond, District Auraiya, whereby learned Session Judge, Auraiya has convicted accused appellant for offence punishable under sections 307 I.P.C. and has sentenced him thereunder to rigorous imprisonment for ten years and fine of Rs.2000/ -. Learned Session Judge, Auraiya has further ordered that in default of payment of fine accused appellant shall under go further imprisonment for six months.
(2.) SHRI Satya Dheer Singh Jadaun appeared for accused appellant. Shri Jai Krishna Upadhyaya, learned A.G.A. appeared for State of U.P.
(3.) I have heard learned counsel the parties and have gone through records of the case. In brief prosecution case is that on 23.1.2000 at about 9.00 A.M. accused appellant Hari Kishan went to the house of Ramlal nephew of complainant Nand Ram. He called Ram Lal and took him to his house. Thereafter having entered into his house he fired at Ramlal which caused injury in stomach of Ramlal. Ramlal raised alarm, whereupon complainant Nand Ram, Shiv Prasad, wife of Ramlal, wife of Tej Singh and several other persons of village rushed to spot and tried to catch accused Hari Kishan but showing Tamancha he ranway.;