- (1.) This appeal has arisen out of the judgment and order dated 20.03.2001 passed by Second Additional Sessions Judge, Gonda in ST No. 205/93 by which the appellant has been convicted for the offence punishable under section 323 IPC, sentencing him to undergo rigorous imprisonment of six months and offence punishable under section 324 IPC sentencing for one year rigorous imprisonment.
(2.) Briefly stated, the prosecution case is that the FIR was lodged by the complainant against his two real brothers Kamla Prasad (Appellant) alias Raj Kumar and Raj Dutt, to the effect that on 10.06.1989 at about 11.00 am, the complainant was carrying wood on his tractor/trolley. Both the accused were hidden near village- Birwa ki Phulwari within P.S.- Kodia, District- Gonda, attacked with the help of Kudal with an intent to kill. In result, the complainant received head injury. On the alarm raised by the complainant, a number of villagers reached at the spot. The FIR was lodged, injuries on the body of the complainant Ram Kumar Pandey were examined medically. After conclusion of investigation, charge-sheet was submitted.
(3.) After committal of the case, learned Sessions Judge framed charges against the accused appellant Kamal Prasad alias Raj Kumar punishable under section 307 IPC against the accused Raj Dutt to which they denied and claimed trial. After conclusion of the evidence, the learned Trial Court examined the accused under Section 313 Cr.P.C. After hearing the learned Sessions Judge acquitted accused Raj Dutt and convicted the accused appellant for the offences punishable under section 323/324 IPC and sentenced him to undergo rigorous imprisonment of six months for the offence punishable under section 323 IPC and rigorous imprisonment for 18 months for the offence punishable under Section 324 IPC.? Hence, appeal has been preferred.;