CHAKRADHARI SHARAN SINGH, J.:–Heard Mr. Saghir Ahmad, learned counsel appearing on behalf of the appellant and Ms. Shashi Bala Verma, learned Additional Public Prosecution appearing on behalf of the State.

2. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for brevity). By the impugned judgment and order dated 02.06.2015/04.06.2015 under appeal passed by the learned 6th Additional District and Sessions Judge, Banka, in Sessions Trial No. 1343 of 2008(G.R. No. 620/08), Tr. No. 250/15, arising out of Rajoun P.S. Case No. 68 of 2008, the appellant has been convicted and sentenced as under:—

3. The Rajoun P.S. Case No. 68 of 2008 came to be registered, based on the fardbeyan of the informant (PW-5), on 27.04.2008 recorded by the Sub Inspector of Police, Rajoun Police Station.

4. The informant (PW-5) is the brother of the deceased and the ap