S.S. Chauhan, J. - (1.) THROUGH this appeal the appellants have challenged the judgment and conviction dated 8.2.1996 passed by the IVth Additional Sessions Judge, Sultanpur, thereby convicting the appellants under Section read with Section I.P.C. to seven years rigorous imprisonment and further under Section read with Section I.P.C. for a fine of Rs. 1,000/ - each of the accused and in case of default to undergo three months rigorous imprisonment.
(2.) APPELLANT No. 3, Kare Deen Singh S/o Chhotai had died during the pendency of the appeal and hence the appeal abates against him. The prosecution case as unfolded in the F.I.R. is that the appellants Indra Bahadur Singh, Samar Bahadur Singh and Kare Deen Singh (since deceased) on 19.6.1986 at about 12 p.m. in the noon in Village Dhaurhar, Police Station Peepar Pur, District Sultanpur came behind and attacked on complainant, Tej Bahadur Singh and his son Krishna Kumar Singh with an intention to kill them on account of old enmity while they were sitting at tube -well on a cot. Upon alarm being raised, the witnesses came to the spot and thereafter the appellants ran away from the spot. An F.I.R. was lodged by complainant, Tej Bahadur Singh at Crime No. 91 of 1986 under Sections and I.P.C., Police Station Peepar Pur, District Sultanpur. A cross F.I.R. was also registered at Crime No. 91A of 1986 under Sections , , , , I.P.C. Both the F.I.R.s were investigated and final report was submitted in the F.I.R. lodged at Crime No. 91A of 1986, whereas a charge sheet was submitted in the F.I.R. lodged at Crime No. 91 of 1986. The accused persons were committed to the court of Sessions for being tried. The accused persons pleaded not guilty and thereafter charges were framed against them under Sections / and / I.P.C. Tej Bahadur Singh himself was examined as P.W. -1, Krishna Kumar Singh as P.W. -2, Subhash Singh as P.W. -3, Satish Chandra Tripathi, Investigating Officer as P.W.4 and Dr. Ashok Mohan as P.W.5 to prove the prosecution case.
(3.) THE defence adduced Smt. Sarla Mishra, A.N.M. as DW. -1, Mahendra Kumar Tripathi, Pharmacist as D.W. -2. The photostat copies of the injury reports filed by the appellants were marked as Ex.Ka -1 and Ex.Ka -2 and the F.I.R. was the Ex.Ka -3.;