SUDAMA & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellants against the judgment and order dated 25.3.1988 passed by IVth Additional Sessions Judge, Azamgarh in Special Case No. 7 of 1986 whereby the appellants Sudama and Panchu have been convicted and sentenced for the offence under Section 307 IPC to undergo rigorous imprisonment for three years.

(2.) Heard Sri Narendra Kumar Yadav, Advocate assisted by Sri Akhilesh Kumar Srivastava, learned counsel for the appellants and Sri Rajesh Vishwakarma, learned A.G.A. for the State.

(3.) Prosecution story in brief is that appellants and complainant Patai were belonging to the same village and there was enmity between the parties due to certain litigation. All the accused belonged to a group and they were intending to kill the complainant. On 12.9.1985 complainant alongwith Indrajit son of Shyama Yadav had gone to Azamgarh city and was coming back from there. When he reached near the brick-kiln of Kamaroo at about 6.30 p.m. accused-appellants hidden by the side of the road, suddenly came out on the road and pushed the complainant. Complainant fell down from his bicycle. Accused Dubari, Prahlad alias Kalpnath and Tribhuwan had lathi and Sudama and Panchu had country made pistol in their hands. All the accused persons attached upon the complainant by their respective weapons. Indrajit raised alarms. The witnesses Dhondha and Sohan came there and saw the incident and also intervened. There was sufficient light at the time of occurrence. Complainant sustained serious injuries.