JUDGMENT

P. Sathasivam, J. Leave granted. This appeal is directed against the judgment and order of the High Court of Judicature at Allahabad, Lucknow Bench passed in Criminal Appeal No. 8 of 1996 dated 04.07.2007 in and by which, it dismissed the appeal insofar as the appellant herein is concerned and confirmed the conviction and sentence imposed on him by the Addl. District and Sessions Judge, Lucknow in Sessions Trial No. 323 of 1994 under Section 308 IPC for a period of two years.

2. Brief facts: According to the prosecution, on 21.04.1989, at about 4.00 p.m. in the evening the accused persons Dastgir and Jameel injured Hasib Mohammad, son of Ikram Ali-the Complainant assaulting with lathis on the way near granary while carrying seeds to the fields in village Khwaja Ka Purwa, hamlet of Rojoli under Police Station Chinhat, District Lucknow. The said incident was witnessed by Rashid and Siddique. The cause of the incident as stated was that one day before the incident, the accused persons Jameel and Dastagir reaped two bundles of hay more from the fields of informant Ikram Ali. It was he, who made a complaint to the police which was registered at 7.30 p.m. on 21.04.1989.

3. Injure