- (1.) Challenge in this appeal is to the judgment and order dated 14.02.1996, passed by Sessions Judge, Gonda, in Sessions Trial No. 372 of 1993 (State vs. Nazar Mohammad and others), under Sections 304/34, 325/34 and 323/34 I.P.C., Police Station Intiathok, District Gonda, whereby the accused appellants were found guilty under Sections 325/34 and 323/34 I.P.C. and sentenced to under go 5 years rigirous imprisonment under Section 325/34 I.P.C. and 6 months rigorous imprisonment under Section 323/34 I.P.C.
(2.) Filtering out unnecessary details, the prosecution case in brief is that on 17.06.1991 at about 07:30 P.M. in Kasba Intiathok, Police Station Intiathok, District Gonda, the accused appellants Nazar Mohammad, Jaheer and Waseer, the neighbours of the informant started diverting the flow of rainy water at a place a little ahead of the door of the house of the informant towards the informant's house. This was objected by the husband of the informant namely Sirtaj. At this, the accused persons started beating Sirtaj, Shahaban, the son of the informant and Km. Inna, the daughter of the informant with lathi and bricks. On account of which, Km. Inna fell down unconscious. On hue and cry being raised, the neighbours came at the place of occurrence but intervened at which the accused fled away. Km. Inna died at the District Hospital, Gonda on 18.06.1991 at about 06:35 A.M., hence, the written first information report was lodged by the informant, on the basis of which investigation commenced.
(3.) On the basis of the written report, chik was scribed by PW-8 Constable Ganga Sagar who proved the chik report as Exhibit Ka-8 and copy of G.D. As Exhibit Ka-9. Dr. B. K. Singh PW-7 has examined the injuries of the injured Shahaban Ali and found the following injuries on his person and proved it as Exhibit Ka-7:- 1. Abrasion on right side of the forehead about 4cm. Above right eye brow with size 2 cm. X 1 cm. 2. Abrasion on inner and outer part of left fore arm with size 1 cm. X 0.5 cm.;