JUDGMENT

Lokeshwar Singh Panta, J. —

1. This appeal is filed by Mahendra Pratap Singh- appellant herein under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the final judgment and order dated 29.07.2005 passed by the High Court of Judicature at Allahabad in Appeal No. 142 of 1981. By the impugned judgment, the High Court has set aside the order of acquittal dated 09.10.1980 of the appellant passed by the Sessions Judge, Jhansi, in Sessions Trial No. A-135 of 1975 under Section 304 Part-II, under Section 307 and Section 324 of the Indian Penal Code (for short the “IPC”) and under Section 25 of the Arms Act and as a result thereof he has been sentenced to undergo rigorous imprisonment for 10 years under Section 304 Part-II, 7 years R.I. under Section 307 IPC, 6 months R.I. under Section 324 IPC and 2 years R.I. under Section 25 of the Arms Act.

2.1] The incident leading to the prosecution of the appellant occurred on 12.02.1975 at about 1.00 P.M. at bus stand Lalitpur. According to the prosecution case, on the day of the incident one passenger Bus No. MPR 5393 on its route from Madanpur to Jhansi was stopped by its driver Sukhnand