CHANDRA PRAKASH,J. - (1.) THIS is an appeal against the order dated 30-6-73 of Sri R. B. L. Khandelwal, IInd Additional Sessions Judge, Kanpur convicting appellant Santoo under section 307 I. P. C. and sentencing him to five years R. I.
(2.) THE appellant Santoo is the first cousin of the complainant Man (P. W. (1) Ganga Dei (P. W. 2) is the wife of the complainant. Both the complain­ant and the appellant reside in village Rooma, police station Maharajpur in the district of Kanpur. The prosecution story in brief was as follows :- On 21-11-1972 the daughter of Man (P. W. 1) and Ganga Dei (P. W. 2) was taking her cattle for grazing at about 12.30 P.M. The complainant Man (P.W. 1) and his wife Ganga Dei (P. W. 2) were sitting at their door. The cattle spoiled cowdung cakes of the appellant. This infuiiated the appellant he began to abuse the daughter. Ganga Dei (P. W. 2) took exception to it. On this the appellant became angry, entered into his house, brought a Pharsa and then assaulted Ganga Dei (P. W. 2) and injured her. The incident was seen by the witnesses including Prem Narain Misra (P. W. 3).
(3.) THE First Information Report Ex. Ka 1 of the incident was lodged by Man (P. W. 1) at the police station Maharajpur at 1.30 P. M. The case was investigated and the appellant was challaned.;