- (1.) Heard Ms. Gajala Banu Qudari, Amicus Curiae, on behalf of the appellants in both the criminal appeals, Sri S.Ali Murtuza, learned A.G.A. for the State, and perused the record.
(2.) This criminal appeal challenges the judgment and order dated 22.07.2003 passed by Addl. Sessions Judge, Fast Track Court No. 1, Budaun in Session Trial No. 08 of 2001: State Vs. Rajendra, convicting the appellants under section 302 I.P.C. for life imprisonment with a fine of Rs.5000/- each and in case of default of payment of fine, further conviction of 2 years.
(3.) The prosecution story in brief is that a written report was submitted by the complainant-Mahipal son of Bhupal Dhimar, R/O Village-Vari Kheda, P.S.-Ushait, District-Badaun, alleging therein that Rajendra son of Bhumiraj Dhimar and Rajesh son of Omkar Dhimar, R/O Village-Mamoor ganj, P.S.-Kadar Chok, District-Badaun, at about 8.00 P.M in the night of 29.9.2000 came to his house and took him in the forest near the village-Vachi at the agricultural field of Sewa Ram adjacent to Chakroad and started saying that "SALE TERA DIMAG BAHUT KHARAB HAI" . On being replied that what he had said to them for harbouring enmity, both the accused persons caught hold of him, started beating and injured him with knife blows. On his cry, Amar Singh son of Hira Lal and Suresh son of Girdi, reached the spot who knew the accused persons and on seeing them, the accused ran away. It was further averred in the written report that due to fear of accused persons and non availability of any conveyance the injured complainant could not come to the police station in the night, but came on the next day on a bullock-cart in injured condition for lodging the FIR.;