SURESH KUMAR GUPTA,J. - (1.) This criminal appeal has been preferred by appellants against the judgment and order dated 27.04.1991, passed by 4th Additional Sessions Judge, Fatehpur, in S.T. No. 439 of 1989 (State Vs. Ram Swaroop and another), in which the appellant was convicted under Section 304/34, each of them sentenced to undergo rigorous imprisonment for five years, 2 years R.I. under section 325 / 34 IPC. Both the sentence shall run concurrently
(2.) Brief facts of this case are as follows:-
(3.) The informant Amar Singh lodged the NCR in P.S. Lalauli, District Fatehpur with the allegation that on 14.06.1989 at about 5.30 p.m. Smt. Sudamiya wife of first informant was sitting along with deceased Shiv Nandan at the door of her house. All the 4 appellants/accused having armed with lathi and danda reached there and due to some altercation between the appellants and the deceased, the appellants assaulted Shiv Nandan with lathi and danda. Sudamiya tried to save her brother Shiv Nandan then she was also beaten by the accused appellants. Due to which Smt. Sudamiya and Shiv Nandan received injuries and also stated in NCR that there is litigation between the appellants and first informant regarding some land dispute and due to this reason the appellants assaulted both Smt. Sudamiya and Shiv Nandan. The informant lodged oral report at about 10.30 p.m., it was recorded as NCR No. 44, under sections 323 IPC, which is proved as Ext. Ka 1. Sudamiya and Shiv Nandan, who were medically examined at PHC Bahuwa and Shiv Nandan succumbed due to his injury at PHC Bahuwa on 15.06.1989 at midnight afterward the NCR was converted into under section 302 IPC a cognizable offence by means of GD No. 22 time 14.45 on 15.06.1989 as Ext. Ka-4.;