JUDGMENT :

SURESH KUMAR GUPTA, J.

1. This appeal has been filed against the judgment and order dated 28.11.2000 passed by XIth Additional Sessions Judge, Faizabad in Sessions Trial No. 807 of 1997 arising out of crime no. 526 of 1997 Police Station-Purakalandar, District-Faizabad whereby the appellant has been convicted under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 15,000/- and in default of payment of fine two years simple imprisonment.

2. Brief facts of the case emerges from the F.I.R. is that on 1.9.1997 at about 7:30 p.m. Krishna Kumar, son of complainant Ramdeen Yadav, resident of Bahad Village-Palia Goa, Police Station-Purakalandar, District-Faizabad went for defecation to his field at the east of his village. At that time, one hearing the hue and cry, Ramdeen Yadav and one another villagers-Ram Naresh, who were returning after defecation on the same way at the same direction, flushed the torch and ran away. In the light of the torch both of them saw that accused persons-Sanjai Singh and Jangbahadur caught hold Krishna Kumar, S/o Ramdeen and another accused-Anil Kumar @ Pappu Singh was inflicting inju