Vishnu Chandra Gupta,J.

This Criminal Appeal under section 374(2) Code of Criminal Procedure (in short 'CrPC') has been preferred against the judgement and order dated 20.02.2013 passed by Additional District and Sessions Judge/TECP-2, Lucknow in Sessions Trial No.968 of 2002 having Case Crime No.291 of 2000, under Section 326 Indian Penal Code (in short 'IPC') and Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'SC/ST Act'), P.S. Wazirganj, District Lucknow, whereby the appellant has been convicted and sentenced under Section 326 IPC to undergo rigorous imprisonment for 10 years and fine of Rs.50,000/- and in default of payment of fine one and a half year additional rigorous imprisonment.

2. The facts in brief for deciding this appeal are that Ram Avatar (PW 2) was working as 'Palledar' at the 'Aarhat' of Ranjeetmal Agrawal situated in Pandeyganj grains market, Lucknow. On 14.08.2000 at about 10 pm (night), accused appellant Santosh Kumar Shukla, working as accountant (Munim) in the aforesaid Aarhat asked Ram Avatar to provide wine for him. Ram Avatar (PW 2) refused to provide the same. Thereafter in the intervening night of 14/15.08.20

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