G.D.DUBE, J. - (1.) THIS appeal has been preferred against the judgment and order of Additional Sessions Judge, Gyanpur, Varanasi, convicting and sentencing appellant Aleshwar to undergo four years R.I. under Section 307, I.P.C. and the other appellant Jeet Narain to the same sentence under Section 307 read with Section 34, I.P.C.
(2.) THE case against the appellants was quite brief. A report was lodged at police station Gopiganj at 8.00 p.m. on 15.6.75. It was alleged in this report that the makers of the report Brahm Narain and Vishwambhar Nath had purchased some land from Smt. Champa Devi. A litigation about mutation of name in village papers in respect of transfer of land was being litigated with Jeet Narain and others. On that date at about 4.00 p.m., Brahm Narain had gone to meet Shri Nath Upadhyaya residing in his village Kuri Khurd, police Station Gopiganj At that time, Jeet Narain came and caught hold of Brahm Narain, Tileshwar, who was also accompanying Jeet Narain, attacked with a knife. On account of intervention of Shri Nath and his family members, the attack was averted. Jeet Narain had there­after left Brahm Narain. Viswambhar Nath had arrived near the well. At that time, Tileshwar had launched attack on Vishwambhar with a knife to kill and in­flicted injuries on his chest. Jeet Narain had caught hold of Kapoor Chand. Tileshwar had inflicted injuries on his person also. Mean while, Vindhya Basani (nephew of Brahm Narain) had snatched the knife from the hands of Tileshwar. The accused appellants ran away from the place of occurrence and could not be apprehended. Thereafter the injured and the reporters went to the police station along with the snatched knife and deposited it in the police station, and lodged report.
(3.) AFTER investigation, the appellants were prosecuted. The prosecution had examined seven witnesses in all before the lower court. The accused pleaded not guilty to the charges. They had come forward with a cross version. A report regarding this cross version had been made at the same police station at 7.20 p.m. on 15.6.76. A cross report was also started against the complainant party.;