Rajeev Singh - (1.) The present appeal under Section 374(2) Cr.P.C. has been filed against the judgment and order dated 26th April, 2002 passed by Vth Additional Sessions Judge, Sultanpur in Session Trial No. 214 of 1992, convicting appellant no. 1 under Section 307 I.P.C. sentencing him to undergo rigorous imprisonment for 5 years and fine of Rs.2000/-. Further appellant nos. 2 and 3 convicted under Sections 323 I.P.C. read with Section 34 I.P.C. were released on probation.
(2.) Prosecution case, in nutshell, is that on 29th November, 1990, informant-Shrikant Chaturvedi was irrigating his field and in the meantime, he went to his home. When he came back at 4 p.m. to his field, he found that appellants along with Jai Karan started irrigating their field by cutting the drain. When the informant asked the reason, they started abusing him. On hearing the noise of quarrel, nephew of the informant, namely, Shrinath, Chabiraj and Abhiraj reached on the spot, on which, appellants assaulted them with lathi and ballam, on account of which, Shrinath and Chabiraj received injuries. Thereafter, informant went to the police station along with the injured Shrinath and Chabiraj and made written complaint, on which, F.I.R. was registered as Case Crime No. 233 of 1990 under Sections 307, 323, 324, 504 I.P.C., P.S. Chanda, District Sultanpur on 29.11.1990 at 17.40 hrs.
(3.) Thereafter, injured persons, i.e., Chabiraj and Shrinath were sent to the Primary Health Centre, Pratappur for medical examination along with the ''chitthi majrubi', in which, four injuries, simple in nature, were found on the body of the Chabiraj and the doctor opined that injury nos. 1, 2 and 4 were caused by blunt object and injury no. 3 was caused by sharp edged weapon. One injury on the body of the Shrinath was found to be caused by sharp pointed and stubbing weapon.;