Hon'ble Arvind Kumar Mishra-I,J.

1. Heard Sri Santosh Kumar Tiwari, learned counsel for the appellant Kaleem, learned AGA for the State and perused the record.

2. By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 24.12.1986 passed by the Sessions Judge, Lalitpur, in Session Trial No.99 of 1986 State Vs. Kaleem, arising out of Case Crime No.44 of 1985 under Section 307 IPC, Police Station- Jakhaura, District- Lalitpur, whereby the appellant has been sentenced to undergo fine years rigorous imprisonment.

3. Since the order of conviction passed by the learned trial Judge has not been assailed and has been admitted to the appellant, therefore, it would not be in the fitness of things that a detailed narration of the incident is sketched as that would serve no worthy purpose. Though the entire facts and circumstances of the case have been taken into consideration and described in the impugned judgment but for the proper understanding of the case, it would be feasible, in the interest of justice that a mention of the relevant facts is made.

4. The facts leading up to this appeal appear to be, as d