Pratyush Kumar, J. - (1.)Convict appellant is before this Court by way of an appeal under section 374(2) Cr.P.C., hereby questions the correctness of conviction and sentence dated 5th August, 1999 passed by IIIrd Additional Sessions Judge, Unnao in S.T. No.776 of 1995 (State Vs. Ram Khilawan and two others) whereby he has been convicted and punished under section 307 I.P.C. with two years rigorous imprisonment.
(2.)Heard Sri Sobhit Saxena, Advocate, learned counsel appearing for the appellant and learned A.G.A. and perused the record.
(3.)The facts giving rise to the present appeal may be summarized as under :