JUDGMENT :

SURESH KUMAR GUPTA, J.

1. Heard Mr. S.H. Ibrahim, learned counsel for the appellant, learned A.G.A. for the State as well as perused the record.

2. The present appeal has been preferred against the judgment and order dated 26.7.2003 passed by the Additional Sessions Judge Court No. 7, Lucknow in S.T. No. 584 of 1998 arising out of Crime No. 151 of 1992 concerning Police Station Hasanganj, District Lucknow convicting and sentencing the appellant under Section 307 I.P.C. to undergo 5 years rigorous imprisonment and fine of Rs. 5,000/- in default of payment of fine to undergo 2 months simple imprisonment.

3. The brief facts of the present case emerges as such F.I.R. of the alleged incident has been lodged by first informant, Raj Kumar Singh with the allegation that on 29.3.1992 at about 9:30 p.m. some persons had come at the house of informant for celebrating ‘Holi’ festival. After celebrating the Holi when first informant and his elder brother were going to see off then on the way son of Shiv Raj Singh opened fire from Awasthi Jee's roof with intention to kill. Due to the alleged incident of firing, the first informant, his elder brother and other persons have got several inju