- (1.) Under challenge in this appeal is the judgement and order dated 23.11.1996 passed by the IInd Additional Sessions Judge, Sitapur in Sessions Trial No.569 of 1992 (State vs. Ram Khelawan and others) under sections 307, 326 IPC, P.S. Rampur Mathura, District Sitapur by which the appellants have been convicted for the offence punishable under section 307 read with section 34 IPC with an imprisonment of ten years' rigorous imprisonment and for the offence punishable under section 326 IPC, the appellants have been sentenced to ten years rigorous imprisonment each along with fine of Rs.500/-.
(2.) Brief facts of the case are that on 09.08.1989, the complainant along with his father Ram Naresh and his son Satya Prakash were sleeping at the door of his house. At about 11.00 PM in the night accused Ram Khelawan armed with Ganasa, Ram Murti armed with Banka, Kirpa armed with Kanta and Ram Vijay armed with Bhala came there and started beating the father of complainant, upon which he received injuries and on the alarm being raised, the accused ran away and they were identified in the light of torches by Devki Nandan and Ram Gopal, who had arrived at the spot. Incident was reported to the police station on 10.08.1989 and First Information Report was registered and after investigation, the charge-sheet was filed. The appellants were charged for the offence punishable under section 307 read with section 34 IPC and Section 326 IPC. The appellants had denied the charges and claim trial.
(3.) The prosecution had examined Ram Naresh as PW-1 who has stated that there was enmity between his father and the accused Ram Khelawan about a tree and a case under section 107/116 Cr.P.C. was started before this incident. He has also stated that his brother Satya Prakash, his father and he himself were lying separately in different cots and there was the light of lantern near the place of occurrence and he has seen the accused persons in the torch light. He has further stated that the lantern was lightening in the outer thatch of the door.;