Mrs. Poonam Srivastav, J.

The instant appeal was preferred by sole appellant, Bachchu @ Bachchu Singh, against judgment and order dated 5.8.1981 passed by Vth Additional Sessions Judge, Mathura, in Session Trial No.225 of 1979 convicting and sentencing the appellant under Section 307 I.P.C. to undergo seven years R.I. and fine of Rs.500/-. In default of payment of fine, he shall undergo further imprisonment of six months R.I.

2. Occurrence is alleged to have taken place on 2.3.1979 at 1:00 a.m. First information report was lodged by Bharat Ram PW-1 on the same night on 2.3.1979 at 3:30 a.m. at Police Station Vrindavan, District Mathura. Bharat Ram, PW-1 is alleged to have received injuries in the incident.

3. The prosecution case as disclosed in the first information report is that there was an ongoing litigation between Budhi and Leela in respect of some land. The complainant, Bharat Ram was a Sajhidar of Leela. Budhi wanted that Leela should not work as Sajhi. Accused Bachchu is son-in-law of Budhi. He had been doing Pairvi of the case on behalf of Budhi. Six or seven days prior to this occurrence, accused Bachchu had threatened complainant Bharat Ram with dire conseque