VINOD PRASAD, J. - (1.) CHALLENGE in this appeal by the sole appellant Ram Sunder is to his conviction under Section 307 I.P.C. and imposed sentence of four years RI recorded by 2nd Additional Sessions Judge, Azamgarh in S.T. No. 335 of 1980, State Vs. Ram Naresh and others, relating to P.S. Madhuban, district Azamgarh. By the impugned judgment, two other accused persons Sabru and Ram Naresh have been acquitted for the charge under section 302/34 I.P.C.
(2.) PROSECUTION allegations against the appellant, stated briefly, were that on 30.10.1977 at 6 a.m., appellant had caused ballam injury to the informant Laxman in his field at the instigation of acquitted accused Sabru. FIR of the incident was got scribed through Ram Briksha by injured Laxman and then it was lodged at P.S. Madhuban the same day at 9.30 a.m. at a distance of six miles. Medical examination of the injured Laxman was done on the same day at 10.30 a.m. by Dr. D.K. Singh at State Dispensary, Madhuban. Doctor has noted an incised injury 2.3 cm x 0.6 cm x Bone deep on the right side chest 17 cm away from umbilicus at 10 O'clock position with clean cut margins and bleeding present. Doctor has also suspected a lever injury. Doctor has also noted the injury to be within six hours and was caused by sharp edged weapon. Patient was also referred to Azamgarh Civil Hospital for better needful treatment. In the estimation of Dr. D.K. Singh P.W. 4, the sustained injury was dangerous to life.
(3.) AFTER registration of crime, investigation was conducted and ultimately charge sheet was submitted against three accused Naresh, Sabru and appellant on 9.12.1977 under section 307 I.P.C.;