RAJUL BHARGAVA, J.

1. The present appeal has been preferred by the appellant against the judgment and order dated 22.5.2006 passed by Special Judge, (S.C./S.T. Act) District Banda in Special Sessions Trial No.90 of 2005 (State of U.P. Vs. Mahendra Singh), under Sections 302/504 IPC and 3(2)5 of S.C./S.T. Act, Police Station Rajapur, District Banda, whereby the appellant was convicted and sentenced for life imprisonment with a fine of Rs.20,000/-. In default of payment of fine he has to further undergo additional six months rigorous imprisonment.

2. In the instant appeal, the case of the prosecution may be summarized as under :-

That on 30.1.1995 at 5.15 P.M. a first information report was lodged at Police Station Rajapur District Banda regarding an incident which is said to have taken place on 30.1.1995 at about 4 P.M.

3. The prosecution case, in brief, is that about 20 days before the incident the accused-appellant Mahendra Singh forcibly wanted to cut the Neem tree situated in the field of the informant's grand father. However, Mahaveer (deceased) and did not permit him to cut the tree. On that day the accused-appellant left the place. However, on 30.1.1995 he again came at