Naheed Ara Moonis, J. - (1.) BOTH the Criminal Appeals have been preferred against a common judgment and order dated 31.1.2011, passed by Sessions Judge, Siddharth Nagar in Session Trial No. 198 of 2009, under Sections 307/34, 450 IPC and in Session Trial No. 16 of 2007, under Sections 307, 450 IPC, arising out of case crime No. 920 of 2006, P.S. Kotwali Bansi, District Siddharth Nagar, convicting and sentencing the Appellants to undergo ten years rigorous imprisonment under Section 307, 307/34 IPC with a fine of Rs. 1000/ -each, failing which they shall further undergo for a period of two months simple imprisonment and convicting and sentencing the Appellants under Section 450 IPC for five years rigorous imprisonment with a fine of Rs. 1,000/ -each, failing which they shall further undergo for a period of two months simple imprisonment. Therefore, the prayer for bail in these appeals are being disposed of by means of a common order.
(2.) HEARD Shri V.M. Zaidi, the learned Senior Counsel, assisted by Shri Mohan Bihari Mathur, the learned Counsel appearing for the Appellants, Shri Shehroze Khan, the learned Counsel appearing for the complainant and the learned AGA for the State. The prosecution case in a nutshell is that the complainant Anil Rai had lodged a first information report on 28.10.2006 at about 9:45 am with the allegation that the Appellants came at his house armed with spear and lathi and had asked him not to give evidence, in reply thereto the complainant had stated that he will give the correct evidence. The Appellants infuriated on his reply and hurled abusive language and started assaulting him with kicks -fists and lathi -danda, when the complainant in order to save himself from their assault ran towards his house, then the Appellant Shatrughan Rai ran behind him and pierced ballam, on account of which he had sustained injuries over his abdomen and on left thigh. At the hue and cry various persons of the locality including Ganesh Rai, Purshottam Rai and Sharda Mishra arrived there and saved the complainant from them. The injured was examined at the Primary Health Centre, Bansi, Basantpur, who was examined by P.W.3, Dr. J. P. Singh on the same day at about 10:35 am and thereafter he was referred to the District Hospital, District Siddharth Nagar.
(3.) IT is vehemently argued by Shri V.M. Zaidi, the learned Senior Counsel appearing on behalf of the Appellants that at the very outset the accused persons except the Appellant Shatrughan Rai were not charge sheeted and were summoned under Section 319 Code of Criminal Procedure;