JUDGMENT :

MANJU RANI CHAUHAN, J.

1. The appellant-Shiv Bahadur Ram has preferred this criminal appeal against the judgment and order dated 28.03.2009 passed by Additional District & Sessions Judge, Fast Track Court No. 1, Ghazipur in Sessions Trial No. 401/2006 (State vs. Shiv Bahadur Ram) arising out of case crime no. 494/2006 U/s 304 (II) IPC, Police Station Jamania, District Ghazipur, whereby the appellant has been convicted under section 304 (II) IPC and has been sentenced for seven (7) years rigorous imprisonment and a fine of Rs. 10000/- and in default of payment of fine, one year additional rigorous imprisonment.

2. The prosecution case in brief, as reveals from record, is that the first information report was lodged by P.W.-1 Muninder Kumar S/o Late Jamuna Ram, resident of Mohalla Rajpur, town and police station Jamania, District Ghazipur on 26.08.2006 at about 06:00 A.M. alleging therein that Mewa Ram, uncle of first informant, was going towards his Dera for milking buffalo. Suddenly accused appellant Shiv Bahadur Ram came out from his hut and started beating Mewa Ram with Lathi. The incident was witnessed by first informant Muninder Kumar, Virendra Kumar and Surendra. After