- (1.) Under challenge in this appeal is the judgement and order dated 09.10.1992 passed by IIIrd Additional Sessions Judge, Unnao in Sessions Trial No.148 of 1990 (State vs. Indra Pal Singh and others) under sections 307, 323 IPC, P.S. Bihar, District Unnao by which the appellants Indra Pal Singh and Indra Pratap Singh have been convicted for the offence punishable under section 307 IPC read with section 34 IPC with a rigorous imprisonment of five years' and for the offence punishable under section 323 read with section 34 IPC, they have been sentenced to six months rigorous imprisonment while the appellant Sri Pal has been convicted for the offence punishable under section 307 IPC with a rigorous imprisonment of five years.
(2.) During the pendency of this appeal, the appellant Sri Pal Singh had died, hence the appeal against Sri Pal Singh stands abated.
(3.) Brief facts of the case are that on 23.04.1989 at about 5.00 AM, the complainant Shivendra Pal Singh along with his brothers, namely, Awadhesh Pal Singh and Ravindra Pal Singh were going to harvest the crop and when the complainant and his brothers arrived in front of the house of Sri Pal, then Sri Pal armed with double barrel gun, came out along with Indra Pratap Singh who was armed with axe whereas Indra Pal Singh was armed with lathi. Sri Pal uttered that every day, they passed through their house and are also contesting the litigation. Today, let them be killed so as to end the quarrel for all time. Upon which, Sri Pal with an intention to cause death fired shot, which hit Ravindra Singh, on the right shoulder below the elbow as a result of which, Ravindra Singh fell down. Then Indra Pratap and Indra Pal caused injuries by axe and lathis on the head of the victim. Awadhesh also suffered axe's injuries. In the meantime, the mother of the complainant reached at the spot and deterred them but she was also assaulted. Upon alarming, witnesses Mahavir and Brijlal came there and the accused persons fled away.;