- (1.) This criminal appeal, filed on behalf of the accused-appellant is directed against the impugned judgment and orders dated 29.1.2011 passed by Sri Suresh Chandra Bharati, Additional Sessions Judge, Court No.7 (Ex- Cadre) Farrukhabad, whereby the appellant was convicted under section 364 I.P.C and sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs.25,000/-, in default whereof to further undergo imprisonment of one year.
(2.) Heard Sri Shivam Yadav, learned counsel for the appellant, Sri Ram Manohar, learned A.G.A for the State-respondent and perused the record.
(3.) On behalf of the appellant, learned counsel has submitted that the findings recorded by the learned Trial Judge are against the material and evidence available on record. The First Information Report was lodged with inordinate delay. None has seen the occurrence, nothing incriminating was recovered either from the possession or on the pointing out of the appellant. The learned Trial Judge has ignored the bitter enmity existed between the familes of the appellant and the first informant and while ignoring the defence evidence the appellant was erroneously convicted and sentenced.;