- (1.) The present Criminal appeal has been preferred by the appellants against the judgment and order dated 04.02.2013 passed by the Sessions Judge (D.A.A.), Etah, by which the appellants has been convicted and sentence under Section 323/34 IPC for six months simple imprisonment and under Section 307/34 IPC R.I. for 5 years R.I. and fine of Rs. 2000/-each, and in default of fine two months further imprisonment. The sentences were ordered to run concurrently.
(2.) The prosecution case in brief is that a non cognizable report was lodged by the injured/informant Shankar Bhan on 28.02.2006 with respect to an incident dated 28.02.2006 taken place in the afternoon at 3.00 P.M., stating that he was roaming in his agricultural field and when returning to his house the accused appellants had fired at him from the back and further he was beaten by them with Lathi and Danda.
(3.) The N.C.R. was lodged at the concerned Police Station under Sections 352/323 IPC, which has been marked as Ex. Ka-4, on an application given by the informant. The investigation was conducted under the orders of Magistrate, in view of provisions contained under Section 155(2) Cr.P.C.;