R.P. Yadav, J. - (1.) This criminal appeal is directed against the judgment and order dated 29.1.1996 passed by IIIrd Additional Sessions Judge, Bahraich in Sessions Trial No. 100 of 1992 convicting the appellants under sections 307 and 452, Indian Penal Code and sentencing each of them to undergo R.I. for six years and pay fine of Rs. 1,500/- under section 307, Indian Penal Code and to undergo three years R.I. and pay fine of Rs. 500/- under section 452, Indian Penal Code respectively. In the event of default to pay the fine, the sentences of imprisonment have been awarded to six months and three months R.I. respectively.
(2.) Appellant Badloo Ram is the father of other three appellants. They as well as complainant Ram Ubaran P.W. 1 are residents of Kalai, which is situated within the circle of P.S. Gilaula which is situated at the distance of 5 Kms. from the place of occurrence.
(3.) Prosecution case is that at the night of 15/16.4.1991, complainant Ram Ubaran P.W. 1 had been sleeping on the roof of his house. It was about 12.00 mid night, when he saw some persons climbing over his roof, he flashed his torch and saw the appellants on his roof. Appellant Parasnath was armed with Pharsa and appellant Jagdish Shukla was having a knife. While he was trying to raise alarm, appellant Parasnath gave him a blow of Pharsa on the back side of his neck, whereas appellant Jagdish Shukla inflicted knife blows. The other two appellants Sunder Pal and Badloo Ram are said to have exhorted to kill him. The reason for this murderous assault is said to be previous enmity.;