JUDGMENT :

(Per Samit Gopal, J. for the Bench) [Delivered by Samit Gopal, J. for the Bench under Chapter VII Rule 1 (2) of the Allahabad High Court Rules, 1952]

1. The present appeal has been preferred from jail by the appellant Ram Das against the judgment and order dated 29.03.2016 passed by the Additional Sessions Judge, Court No.1, Kannauj, in Sessions Trial No. 428 of 2008 (State of U.P. Vs. Ram Ashrey) which was connected with Sessions Trial No. 445 of 2007 (State of U.P. Vs. Ram Das) whereby the appellant has been convicted and sentenced under Section 304 of the Indian Penal Code, 1860 to Life imprisonment and fine of Rs. 25,000/-. In default of payment of fine, he is directed to undergo two years imprisonment.

2. Initially, in the present matter, a non-cognizable report was lodged by Shamshuddin which was registered as N.C.R No. 122 of 2005 at 22:45 hrs on 07.11.2005 at Police Station Thithiya, District Kannauj. The version as stated in the said report is that his brother was coming back home on a cycle from cold storage Thithiya and behind him Ram Ashrey son of Bechey Lal was also coming on a cycle and when they reached Bhadausa Road on the drain, Ram Das son of Sundar Lal me