This appeal, preferred by the appellant u/s 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 12.05.1988 passed by I Addl. Sessions Judge, Nainital in Sessions Trial No. 79 of 1987, whereby the learned I Addl. Sessions Judge has convicted the appellant under Section 328 of Indian Penal /Code, 1860 (hereinafter to be referred as I.P.C.), and sentenced him for three years R.I. and fine of Rs. 1,000/- and in default of payment of fine, six months further rigorous imprisonment was awarded. It was also directed that out of the fine, if realized from the appellant/accused, a sum of Rs. 500/- would be paid to the victim Aftab Alam as compensation. By the same judgment and order, the learned I Addl. Sessions Judge has acquitted the accused Smt. Shabri Begum and Km. Sama Begum.

2. In brief, the prosecution case is that P.W. 2 Mehboob Alam lodged a report stating therein that his son P.W. 3 Aftab Alam had illicit relations with Mumtaz daughter of appellant Akil Ahmad. Once they both were seen together by appellant Akil Ahmad and Smt. Shabri Begum, they threatened Aftab Alam to kill him. On 18.11.1985