This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 2.1.1996 passed by Sessions Judge, Nainital in Sessions Trial No.108/1990, State Vs. Jagir Singh and others, whereby the learned Sessions Judge convicted the appellant/accused Jagir Singh under Sections 147, 323 read with Sect.149 and 304 Part II read with Sect.149 of The Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced him to undergo R.I. for one year u/s 147 IPC, six months R.I. u/s 323/149 IPC and five years R.I. u/s 304 Part II r/w 149 IPC. All the sentences were directed to run concurrently. However, the co-accused persons, namely, Noor Hussain, Zahoor Hussain, Bade Hussain alias Majid, Shahid Ali, Mahendra, Chhote Lal alias Chhotta, Yamin alias Aamin and Sukha were acquitted of all the charges levelled against them by the trial court.

2. Heard learned counsel for the parties and perused the entire material on record.

3. In brief, the prosecution case is that complainant Amarjeet Singh lodged the First Information Report in the Police Station Sitarganj stating