Court No. - 90 A.F.R.

Case :- CRIMINAL APPEAL No. - 2591 of 2020

Appellant :- Mukesh Kumar

Respondent :- State of U.P.

Counsel for Appellant :- Munesh Kumar Upadhyay

Counsel for Respondent :- G.A.

Hon'ble Ajit Singh,J.

Counter affidavit filed on behalf of State in the Court today is

taken on record.

Heard learned counsel for the appellant, learned A.G.A. and

perused the record.

This criminal appeal u/s 374(2) Cr.P.C. has been filed against

the judgement and order dated 8.9.2020 passed by learned

Additional District and Session Judge, Court No. 5, Hathras in

Session Trial No. 351 of 2009 (State vs. Mukesh Kumar)

arising out of Case Crime no.104 of 1998, u/s 308 I.P.C., P.S.-

Sasani, District-Hathras, whereby the appellant has been

convicted and sentenced for the offence u/s 308 I.P.C. for five

years imprisonment and a fine of Rs.5000/- and in default of

payment for five months additional imprisonment.

The prosecution story in brief is that on 4.5.1998 at about 6:00

O'clock in the evening the son of the complainant Ravendra

Kumar was going towards the canal, then the accused who used

to live in his brother-in-law's house, was coming from the

opposite side and