ABHAI KUMAR, J.

1. This jail appeal has been preferred by the appellant from jail against the judgment and conviction dated 28.2.1996 passed by Additional Session Judge, Court No.VI in S.T. No.12 of 1994 (State of U.P. v. Iqram) arising out of Case Crime No.185 of 1991, under Section 364 I.P.C., Police Station Kairana, District Muzaffar Nagar, whereby the appellant was convicted for 10 years rigorous imprisonment along with fine of Rs. 5,000/- and in case of none payment of fine, he will further undergo one year additional rigorous imprisonment.

2. Brief facts of the case are as follows:

On 30.10.1991 an FIR was lodged at Police Station Kairana, District Muzaffar Nagar in the night at 11.30 P.M. showing the incident of same day, wherein it has been stated that the brother of complainant Pradeep was at his shop along with his brother Arjun and one Madan Lal, then one person came to the shop for purchase of cigrate whereas his associates remained outside the shop. The person who was there to purchase the cigrate asked the name of brother of complainant and when the brother of complainant apprise his name as Pradeep, then it was inquired whether brother of complainant sales bom