JUDGMENT :

SUBHASH CHANDRA SHARMA, J.

1. This criminal appeal has been preferred against the judgment and order dated 28.04.1983 passed by 4th Additional Sessions Judge, Budaun in Sessions Trial No.242 of 1981 arising out of Case Crime No.45 of 1980, Police Station Dataganj, District Budaun by which appellant has been convicted under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for a term of 3 years.

2. The prosecution story in brief is that two months prior to the present incident appellant and Rajbhar abongwith his other companions committed dacoity in the house of Shyam Pal (brother of informant). They were identified and named in the F.I.R. Atiraj brother of informant was witness in that case. That was the reason appellant was annoyed with him. On 05.02.1980 at about 8:00 P.M. in the night when informant with Shivlal was sitting at the tube well in his field, appellant alongwith some unknown person equipped with lathi came there and asked about Atiraj. At this informant-Jhandu Singh told him that Atiraj was at his home. Meanwhile Chhotey started assaulting informant with lathi and caused injuries. The appellant was identified in the light of torch and other un