Surinder Singh, J.(Oral)-Appellant was convicted and sentenced under Section 307 Indian Penal Code and was ordered to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2000/-, in default of payment of payment of fine, to further undergo simple imprisonment for a period of six months in Sessions Trial No. 22-S/7 of 2001 decided on 22.2.2003.

2. In short, prosecution case, as emerges from the evidence on record, can be stated thus. Complainant Lahori Singh (PW8) was serving in the Indian Army and on 4.2.2001, he went to the office-cum-residence of PW3 Daulat Ram, Deputy Ranger at Sawra to collect his T.D. permit in respect of two trees. At that time, appellant Pyare Lal was posted as Guard in the Forest Department. He was sitting in the office-cum-resident of the Deputy Ranger. Original permit was handed over to Lahori Singh to get photocopy thereof which he got it done from the market where he also met his cousin Jai Singh and both of them returned to the office-cum-residence of PW3 Daulat Ram around 6.p.m. All of them took liquor. At about 9 30 p.m. there was some altercation between Pyare Lal and Jai Singh. Lahori Singh tried to intervene