AMAR SARAN, J. - (1.) HEARD Sri A.S. Dewakar, learned counsel for the appellants and the learned A.G.A. for the State.
(2.) THIS criminal appeal has been filed against the judgment and order passed by the VIth Additional Sessions Judge, Azamgarh dated 19 -11 -1981 convicting the appellant Vindhyachal to 5 years R.I. under Section 307 IPC and 6 months R.I. under Sections 324/34 IPC, appellant Bilas to 4 years R.I. under Sections 307/34 IPC and one year R.I. under Section 324 IPC. The other two appellants Naresh and Sukhari were also convicted under Sections 307/34 and 324/34 IPC, but they have died and their appeal has abated by the order of this Court dated 16 -7 -2004. No further mention of their sentences is needed. The Prosecution case was that informant Tufani was cutting 5 trees that he had purchased from one Chanru on 8 -2 -1976 at about 11 a.m. At that time the appellants and the two deceased appellants arrived carrying lathies, spear and gandasi. The appellant Vindhyachal was carrying a spear, while the appellant Bilas was armed with Gandasi. The other two deceased appellants Naresh and Sukhari carried lathies. The deceased appellant Naresh pointed out that the informant Tufani should be killed, so that his litigation with Naresh could be ended. Thereupon, all the four appellants started assaulting Tufani. On Tufani's cry, the other injured Shanker, Ram Prasad Bhar and Ram Palat Koiri, who were cutting trees and Mangal Yadav and Kanhaiya arrived to save Tufani. As Shanker ran in the direction of Tufani, appellant Vindhyachal thrust a spear in his abdomen. The informant Tufani received injury on his wrist and Shanker received a grievous injury in the abdomen. Litigation between Naresh, who was the father of the appellant Vindhyachal and informant Tufani was said to be the cause of this incident. Injured Shanker was carried on a cot to police station Mahrajganj, where a report was lodged at 4 p.m. at 8 -2 -1976 by Tufani.
(3.) SHANKER was examined by doctor R.R. Rai (PW 5), Medical Officer, District Hospital, Azamgarh on 8 -2 -1976 who found one penetrating wound 1/2" x 3/10" x cavity deep with loop of intestine coming out. The injury was described as serious and fresh. Doctor Rai also examined Tufani the same day and found one incised wound 1" x 1/10" x skin deep on right fore -arm in front of wrist joint. This injury was described as simple and fresh. Doctor Rai also prepared the injury reports which are Exts. Ka -7 and Ka -8.;