- (1.) Both the afore-captioned criminal appeals have been filed against the judgement and order dated 14.7.2011 passed by the learned Additional District and Sessions Judge-I, Auraiya in Sessions trial No. 127 of 2004 (State Vs. Tej Singh and othrs) arising out of case crime No. 152 of 1999, under sections 308, 323, 324, 504, 506 IPC, PS Achalda, District Auraiya whereby accused Tej Singh, Uday Bhan alias Guddu and Smt. Ketaki have been convicted and sentenced to five years RI and a fine of Rs. 10,000/- each under section 308/34 IPC with default stipulation.
(2.) Criminal Appeal No. 4458 of 2011 has been filed by the accused-appellants Tej Singh, Uday Bhan alias Guddu and Smt. Ketaki challenging their conviction under section 308/34 IPC, whereas Criminal Appeal under section 372 Cr.P.C. No. 5436 of 2011 has been filed by the informant-Ajay Kumar for enhancement of sentence.
(3.) The prosecution case in brief is that a criminal case was pending between the father of the informant and the accused Uday Bhan Singh. The accused appellant Tej Singh and Uday Bhan Singh, both the brothers wanted the father of the informant to compromise in that criminal case. When the informant and his father have refused for the same, they become inimical with them. On 14.05.1999 at 11:00 a.m., Rajesh went to the well to fetch water. When he was returning home, Tej Singh, Uday Bhan and Ketaki attacked Rajesh with axe, Dhariya and lathi. When the injured Rajesh raised hue and cry, Nathu Ram and Suman Devi came to save Rajesh, who were also assaulted. Rajesh became unconscious and fell down on the ground after sustaining axe injuries on his head. Mewa Ram, Lala Ram, Gulab, Amar Singh and others also came to save the injured. Hence, report was lodged.;