- (1.) Challenge in this appeal is to the judgment and order dated 30.11.1996 passed by First Additional Sessions Judge, Hardoi in ST No. 242 of 1993 (State Vs. Sunder Lal and others) arising out of Crime No. 189 of 1992 under Sections 307/34, 324/34, 325/34 IPC, Police Station Kasimpur, District Hardoi whereby accused were found guilty and sentenced to six months' rigorous imprisonment under Section 323/34 IPC and fine of Rs.500/- each with default stipulation. Accused persons, however, were acquitted under Section 307/34 IPC.
(2.) Prosecution case in brief is that a written report was lodged by the informant Jaswant on 03.10.1992 stating that his mother had got a sale deed executed in her favour due to this a case was pending under Section 145 Cr.P.C., which was finally decided in favour of the mother of informant. It has been further alleged that the informant had sown crops in the fields. When the crops were ripe, the informant, his brother Laljeet and his nephew Siyaram were harvesting the crops. Due to previous enmity accused persons namely Sunder Lal armed with lathi, Satyendra armed with country-made rifle, Jitendra armed with gun and Guddu armed with Lathi came on spot at 8:30 AM. Satyendra asked his companions to kill the informant, at which Satyendra fired at the informant with intention to kill him. The informant fell down on the spot at which the accused persons came to the injured and started beating them with Lathis. Shailendra and many villagers came to the spot who saved the informant, after which the first information report was lodged.
(3.) On the basis of the aforesaid report chik report was prepared and proved by PW-5, Head Constable Ram Nath Yadav as Ext. Ka-8. This witness further scribed the details of the case in the G.D., copy of which was proved by him as Ext. Ka-9. PW-4 Dr. Bindeshwari Prasad examined injured Siya Ram and found the following injuries on his body:- (a) Swelling and pain 3 cms x 3.5 cms on base of middle finger on dorsum of left hand. (b) Abrasion 1 cms x 1 cms on outer aspect of left thigh 10 cms above the left knee joint.;