JUDGMENT :

1. By way of this appeal, the appellant has challenged the Judgment and order 24.9.2012 passed by court of Additional Sessions Judge (Ex-Cadre), Rampur in Sessions Trial No. 304 of 2011, State Vs. Nand Kishore @ Nagpal arising out of Case Crime No. 332 of 2011 under Sections 307, 326 I.P.C. heard with Sessions Trial No. 305 of 2011, State Vs. Nand Kishore @ Nagpal, arising out of Case Crime No. 362 of 2011 under Sections 25/27 Arms Act, Police Station Shahjad Nagar, District Rampur.

2. The brief facts which led to the litigation and whereby the State had to start investigation are that on 19.3.2011, informant Dal Chand gave a written complaint to the Station House Officer, Police Station Shahjad Nagar stating therin that his son Rameshwar injured on the date of incident, i.e., 19.3.2011 was going to ply van on the kanta of one Buddhi Lal after having his meal. When he reached at the shopping place known as Kamora Bazar, he met Lekhpal @ Sapera who was having illicit relation with one woman of easy virtue, namely, Savitri had altercation with son of the complainant, at