Naheed Ara Moonis, J. - (1.) HEARD learned Counsel for the Appellants and learned A.G.A. for the State. Admit.
(2.) SUMMON the lower court record. A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 10.3.2011, passed by Additional Sessions Judge, Court No. 4, Fatehpur, in Session Trial No. 609 of 2007, State v. Raj Karan Lodh and Anr., arising out of case crime No. 179 of 2005, under Section 307/34 IPC, P.S. Lalauli, District Fatehpur, convicting and sentencing the Appellants to undergo for seven year rigorous imprisonment under Section 307/34 IPC with a fine of Rs. 10,000/ - each, with default stipulation. According to the prosecution case, the incident took place place at 7:30 pm on 23.9.2005 when the Appellant No. 1 Raj Karan Lodh armed with danda and Appellant No. 2 armed with an axe appeared and started altercation that why the complainant is not returning one hundred rupees to Pradhan Munna Singh, when the complainant said he has not taken any money from him, the Appellants attacked upon him with their respective weapons on account of which the complainant sustained incised wounds over his head and other parts of the body.
(3.) IT is argued by the learned Counsel for the Appellants that the role of exhortation has been assigned to the Appellant No. 1 and no fatal injury has been found according to the prosecution case, yet he has been convicted under Section 307/34 IPC.;