JUDGMENT :

1. Counter affidavit filed on behalf of State in the Court today is taken on record.

2. Heard learned counsel for the appellant, learned A.G.A. and perused the record.

3. This criminal appeal u/s 374(2) Cr.P.C. has been filed against the judgement and order dated 8.9.2020 passed by learned Additional District and Session Judge, Court No. 5, Hathras in Session Trial No. 351 of 2009 (State vs. Mukesh Kumar) arising out of Case Crime no.104 of 1998, u/s 308 I.P.C., P.S.-Sasani, District-Hathras, whereby the appellant has been convicted and sentenced for the offence u/s 308 I.P.C. for five years imprisonment and a fine of Rs.5000/- and in default of payment for five months additional imprisonment.

4. The prosecution story in brief is that on 4.5.1998 at about 6:00 O'clock in the evening the son of the complainant Ravendra Kumar was going towards the canal, then the accused who used to live in his brother-in-law's house, was coming from the opposite side and having seen the complainant's son alone, went back to his house and returned on bicycle with a knife and started assaulting his son with the knife, as a result of which he became unconscious and fell down on the ground. After