Hon’ble Servesh Kumar Gupta, J.

This appeal is preferred against the judgment and order of conviction dated 4.2.1999, passed by Additional Sessions Judge (E.C. Act), Dehradun in Sessions Trial No. 294/1995, State v. Imran. Accused appellant Imran was tried for the offence of Section 308 IPC pertaining to PS Vikas Nagar, District Dehradun, but after conclusion of trial, instead of Section 308 IPC, accused was convicted for the offence of Section 325 IPC and sentenced to undergo rigorous imprisonment for a period of three years and a fine of rupees one thousand. In default of payment of fine, he was further directed to undergo two months’ simple imprisonment.

2. Facts, in brief, are that the accused and the complainant are next-door neighbours. Their respective houses are separated just by a 4 feet high wall. It has been averred in the FIR Ex. A-1 that on 30.5.1995, Smt. Bala Devi, mother of informant Rakesh Kumar, was washing clothes in the backyard of her house. The accused appellant Imran was lecherously staring at his mother. He also threw a bone covered by flesh in his house. Consequently, altercations began between the informant Rakesh Kumar and his mother on the on