JUDGMENT :

1. This jail appeal has been preferred against the order of conviction and sentence dated 06.10.2018 by the Court of Additional Sessions Judge, Court No.9, Hardoi in Sessions Trial No.260 of 2016 in case crime no.43/2016, under Section – 304, 506 IPC, Police Station – Behata Gokul, District – Hardoi.

2. In brief, facts of the case are that Lalu alias Akhilesh lodged an FIR on 02.02.2015 that on 01.02.2015 at around 04:00 PM he was sitting in the western side of the plot of Jagpal Rathore. Suddenly Dharmesh came with unknown person and started going from his plot. When his father opposed, Dharmesh attacked from the wooden patra an unknown person attacked with lathi. When his father cried he saw and ran towards them then they ran away giving death threats. His father received injury at his head and stomach. With the help of villagers he moved him to the hospital where he died during the treatment. He requested to lodge FIR and take appropriate action. According to him Mahipal has also seen the occurrence.

3. The grounds of the appeal are that when the accused was in jail he forwarded jail appeal with the allegation that he has been punished with seven years rigorous impri