(1.) Heard Sri Akhilesh Singh, learned Senior Counsel assisted by Sri Janardan Yadav, learned counsel for the appellant and the learned AGA for the State.
(2.) The present criminal appeal has been preferred against the impugned judgment and order of conviction dtd. 20/2/1985 and sentence dtd. 23/2/1985, passed by learned VI Additional District and Sessions Judge, Mainpuri in Session Trial No. 504 of 1983 (State Vs. Rameshwar Dayal), whereby the appellant has been convicted and sentenced to seven years rigorous imprisonment and fine of Rs.500.00 under Sec. 307 IPC.
(3.) Learned Senior Counsel appearing for the appellant has submitted that an FIR has been lodged by the accused-Rameshwar Dayal against 3-4 unknown miscreants under Sec. 459 IPC, whereas the Investigating Officer during investigation had made the complainant-Rameshwar Dayal himself as an accused in the said case and converted the offence under Sec. 307 IPC.