JUDGMENT :

1. Heard Ms. Soniya Mishra learned counsel for the appellant and Sri Vivek Gupta, learned AGA for the State.

2. The present criminal appeal has been filed against the judgment and order dated 16.11.2016 passed by the learned Additional Sessions Judge, Court no.6 SC/ST Act, Lakhimpur Kheri in Sessions Trial No.527 of 2013 whereby the appellant has been convicted under section 60(2) of the Excise Act and sentenced for a period of one year along with fine of Rs.1000/-and further the appellant has been convicted under section 272 I.P.C. with sentence of ten years and a fine of Rs.10,000/-.

3. The facts, in brief, leading to the passing of the impugned judgment is that on 26.09.2010, an information was received by the S.I. Uttam Singh Rathaur and Vinod Kumar to the effect that one Rama Shanker was manufacturing illegal country liquor at his house. Based upon the said information, the said two persons left towards the house of Rama Shanker, on the way they convinced the strangers to become panch, which was refused by them. However, the said two persons went to the house of Rama Shanker wherein they saw that from the house smoke was coming out. On going into the house, they saw th