KANT TRIPATHI, J. - (1.) HEARD the learned Counsel for the appellants and the learned AGA for respondent and pe­rused the lower Court record.
(2.) THE appellants Pritam Singh and Sukhvant Singh have preferred this appeal against the judgment and order dated 27.1.1982 rendered by the then IV-Additional Sessions Judge, Pilibhit in Ses­sions Trial No. 127 of 1980 (State v. Pritam Singh and another) whereby the learned Additional Sessions Judge has convicted both the appellants under section 307 IPC and sentenced each of them to undergo rigorous imprisonment of five years and also to pay a fine of Rs. 1000/- and in de­fault of payment of fine to further undergo rigorous imprisonment of three months. According to the prosecution story, there was some enmity between the complainant Banta Singh and the appellants. Prior to the incident in question, the appellant No. 2 Sukhvant Singh had cut the paddy of the complainant Banta Singh about which he had complained to appel­lant No. 1. On this, the appellants Sukhwant Singh and his father Pritam Singh took it ill. On 3.11.1978 at about 5.30 p.m. the injured Kashmir Singh was return­ing from his fields to his house. The appel­lant No. 2, Sukhvant Singh armed with "Kanta" and appellant No. 1, Pritam Singh armed with 'lathi' were standing near the 'Peepal' tree. The appellant No. 2, Sukhvant Singh asked the appellant No. 1, Pritam Singh to catch the injured Kashmir Singh and then appellant No. 1, Pritam Singh suddenly caught hold of the injured Kashmir Singh and then appellant No. 2, Sukhvant Singh struck 'Kanta' on his head. On his shrieks, Banta Singh the complain­ant, Gurucharan Singh, son of Bakshi Singh of village Devrania who had come there to arrange labour and Banta Singh son of Surendra Singh of Mohanpur arrived there and challenged the appellants on which the appellants had run away. The injured Kashmir Singh was taken to the District Hospital, Pilibhit on a Tractor trolley where medical examination of his injuries was conducted. His injury report is Exihibit Ka. 2. Subsequently his X-ray was also done. The X-ray report is Exhibit Ka. 3 and X-ray plate is Exhibit 1. The doctor, who medi­cally examined him, prepared the supple­mentary report of injuries on the basis of the X-ray report. The supplementary report is Exhibit Ka. 4, The complainant Banta Singh lodged an FIR of this incident at the police station Kotwali, Pilibhit which Ex­hibit Ka. 1, on which basis, the Police regis­tered the case for investigation and submit­ted charge-sheet against the appellants.
(3.) THE learned Trial Court charged both the appellants under section 307 IPC. They denied the charges and claimed to be tried.;