JUDGMENT :

Pradeep Kumar Srivastava, J.

Heard Shri Chandra Kumar Rai, learned counsel for the appellant, Shri Manoj Kumar Singh, learned AGA for the State and perused the record.

2. At the very outset, learned counsel for the accused appellant has submitted that instead of arguing on bail application, he will argue the appeal on merits to which the learned AGA has agreed.

3. This Criminal Appeal has been preferred against the Judgment dated 14.09.2018 passed by learned District & Sessions Judge, Azamgarh in ST No. 448 of 2014 (State Vs. Mahtab Alam @ Safullah), arising out of Case Crime No.120 of 2010, under Sections 308, 504 IPC, Police Station : Jiyanpur, District Azamgarh by which learned Court below has convicted and sentenced the appellant for the offence under Sections 308 IPC for seven years rigorous imprisonment and Rs.10,000/- fine and under Section 504 IPC for one year rigorous imprisonment and in case of default in payment of fine two months additional imprisonment. Both the sentences have been directed to run concurrently.

4. Perusal of record shows that FIR was lodged by the informant Subash Gupta stating that on 25.2.2010, his brother Om Prakash, who used to sell peanuts,