Hon’ble Shashi Kant, J.—Herad Sri S.K.S. Baghel, learned counsel for the revisionist and learned A.G.A. for the State of U.P.

2. This Criminal Revision under Section 397/401 of Criminal Procedure Code has been preferred against the judgment dated 10.5.1989 passed by Sri R.L. Shankhwar, VIIth Assistant Sessions Judge, Agra in S.T. No. 147 of 1988 (State v. Sri Kishan), under Section 308 IPC, Police Station Firozabad (North), District Agra, whereby the revisionist was convicted and sentenced under Section 308 IPC for 2 years rigorous imprisonment and against the judgment and order dated 13.11.1991 passed by Sri S.K. Saxena, Vth Additional Sessions Judge passed in Criminal Appeal No. 71/1989 (Sri Kishan v. State) whereby Criminal Appeal has been dismissed and judgment and order of the Court below was affirmed.

3. Learned counsel for the revisionist contended that :

3.1. The Courts below has not taken into notice the considerable unexplained delay caused In lodging of FIR. There was no source of light to recognise the revisionist about 1:30 am in the dark night but the Courts below has not taken into consideration this material aspect no attention towards this material aspect of t