JUDGMENT

M. Wahajuddin, J. - This is an appeal by Karan Singh against his conviction under Section 307 I.P.C. and a sentence of 10 years R.I. and Rs. 1,000 as fine awarded to him and a sentence of further 2 years R.I. on default of payment of fine awarded to him.

2. The prosecution case, in brief, in the evening of December 7, 1977 in village Sheikhpur P. S. Chhatari District Bulandshahr at about 6 p.m., the appellant demanded 'Gur Bhela' from Mohan Singh, the, injured, at later's crusher and Mohan Singh declined and on that the appellant got annoyed. According to the prosecution in the same evening at about 7-8 p.m. When Mohan Singh was writing his crusher accounts sitting over a cot on his Chabutra in the lantern light, the appellant came and inflicted Gandasa blows causing injury to Mohan Singh. The witness cited in the first information report are said to have seen the incident.

3. The F.I.R. relating to this incident was lodged at P.S. Chhatari on December 9, 1977 at 8-30 a.m., the distance of the police station from the place of incident being 7 Kms. The explanation for the delay, as given, is that on 7th night the appellant could not lodge the first information report by proc