- (1.) D. K. Trivedi, J. The present criminal appeal is directed against the judgment and order dated 19-1-1983 passed by Shri S. S. Kulshrestha, IV Additional Sessions Judge, Faizabad, convicting appellant Sm. Lakhpati under Section 323 I. P. C. and sentencing her to pay a fine of Rs. 200/ -. In case of default in payment o fine, she was directed to undergo rigorous imprisonment for a period of two months. Appellant Ram Jiyawan was convicted under Section 325 I. P. C. and sentence to three years rigorous imprisonment and a fine of Rs. 200/ -. In case of default of payment of fine he was further directed to undergo three months' rigorous imprisonment. Initially, three persons were prosecuted but Ram Bali was acquitted by the mal Judge.
(2.) THE prosecution case, in brief, is that on 12-2-1980 at about 9. 00 a. m. some altercation took place in between Smt. Dharmi and Smt. Lakhpati. It is said that Smt. Vidyawati Devi and Matrawati Devi daughters of Smt. Lakhpati Devi reached there and then all of them assaulted Smt. Dharmi. It is said that Ram Lakhan husband of Smt. Dharmi tried to intervene but Ram Bali husband of Smt. Lakhpati came there and instigated his son Ram Jiyawan to kill Ram Lakhan. On the instigation of Ram Bali, Ram Jiyawan struck at the head of Ram Lakhan with the back of an axe. Ram Lakhan became unconscious and then accused persons ran away. It is said that an F. I. R. was Jodged at Police Station Jahangirganj on the same day at 3. 30 p. m. Smt. Dharmi as well as Ram Lakhan were sent for medical examination to P. H. C. Jahangirganj. THE were medically examined by Dr. FA Khan (P. W. 7 ). THE injuries of Smt. Dharmi were found simple in nature whereas the injuries of Ram Lakhan were also simple except injury No. 1 which was kept under observation. (P. W. 6) Dr. S. K. Srivastava canducted X-ray and he found fracture of skull bone of Ram Lakhan. P. W. 5 Bhim Pati Tfewari S. O. Police Station Jahangirganj conducted the investigation in this case and after recording statement of the witnesses and after preparing site-plan etc. he submitted charge-sheet against the three accused persons. In support of its case, the prosecution examined seven witnesses. Out of them (P. W. 1) Smt. Dharmi, (P. W. 2) Ram Lakhan, (P. W. 3) Bansh Raj and (P. W. 4) Budhu Ram are the witnesses of fact. Out of these four witnesses two of them namely (P. W. 3) Bansh Raj and (P. W. 4) Buddhu Ram did not support the prosecution case and, therefore, they were declared hostile. (P. W. 5) S. O. Bhim Pati Ttoeari conducted investigation in this case and submitted charge-sheet against the accused persons. (P. W. 6) Dr. S. K. Srivastava con ducted X-ray and proved the X-ray report. (P. W. 7) Dr. F. A. Khan examined the injuries of the two injured persons and proved the injury reports. On the other hand the accused persons denied the prossecution case and stated that they have been falsely implicated in this case due to enmity.
(3.) THE learned Thai Judge, after considering the evidence on record came to the conclusion that prosecution has successfully proved the guilt of the appellants beyond reasonable doubt and, therefore, he convicted and sentenced the appellants as mentioned above. The appellants, aggrieved by the said judgment and order filed the present appeal.;