M.K.MITTAL, J. - (1.) APPELLANTS Rakesh son of Sri Ram, Rati Ram son of Chhadami, Naresh son of Maharam all residents of village Nagla, Mohammadpur, P.S Kotwali, District Mainpuri have preferred this appeal against the judgment and order dated 29.3.2006 passed by Sri Bhopal Singh, Addl. Sessions Judge, Court No. 4, Mainpuri in S.T. No. 2298 (Crime No. 817 of 1996), whereby they have been found guilty and convicted under sections 307/34, IPC and have been sentenced to undergo rigorous imprisonment for six years and fine of Rs. 2,000/ - has also been imposed on each of them with default situation of six months rigorous imprisonment.
(2.) BRIEF facts of the case as disclosed in the First Information Report Ex -ka -1 lodged at P.S. Kotwali, District Mainpuri on 7.8.1996 at 6.40 p.m. are that Ved Ram uncle of the informant Suresh Chand had purchased a land from Sri Ram, father of the accused Rakesh through a sale deed. On that account Rakesh nurtured enmity with Ved Ram. On 7.8.1996 at about 5 p.m. when Ved Ram was cutting wood near his house accused Rakesh, Vinod and Rati Ram armed with knives and Naresh, ma ­ternal uncle of Rakesh, armed with country made pistol came there abusing Ved Ram and said to kill him. At this the accused with intention to kill attacked Ved Ram with knives and Naresh fired at Ved Ram from his country made tamancha but the fire missed. Thereafter he gave blows with the butt of the tamancha and on the alarm raised by Ved Ram the informant his father and Pradeep, Chokhey Lal, Smt. Krishna reached there and saw the incident and saved Ved Ram. Villagers also came there and when challenged, the accused went away threatening and abusing. Constable Sobran Singh, P.W. -5 was posted at Police Station Kotwali on 7.8.1996 as Head Moharrir. On the basis of the written report lodged by Suresh Chandra, he prepared the check report Ex -ka -6. He also registered the case in the gen ­eral diary same day at 6.40 p.m. and its copy is Ex -ka -7.
(3.) INJURED Ved Ram was sent to Dis ­trict Hospital, Mainpuri where Dr. Sudhir Kumar, P.W. -3 was posted as Medical offi ­cer. He examined Ved Ram on 7.8.1996 at 7 p.m. and found the following injuries on his person: 1. Incised wound 5 cm. x 1.5 cm. x cavity deep, margins were clear cut and fresh blood was present. Omentum was coming out from the wound which was on the left side of upper abdomen 13 cm. from umbilicus at 1 O'clock posi ­tion. Injury was kept under obser ­vation and X -ray was advised. 2. Incised wound 2.5 cm. x 0.5 cm. x muscle deep on epygastrum, mar ­gins were clean cut and fresh blood was present. It was 10 cm. above umbilicus at 12 O'clock position. 3. Incised wound 7 cm. x 1.5 cm. x muscle deep on front of left fore arm, margins were clean cut and fresh bleeding was present. Injury was semi circular in shape. It was 8 cm. below left elbow. 4. Incised wound 1 cm. x 0.5 cm. x muscle deep. 4.5 cm. below left auxilla, margins were clean cut and fresh bleeding was present. 5. Multiple lacerated wounds in an area of 16 cm. x 8 cm. varying in size from 6 cm. x 1.5 cm. to 5 cm. x 0.5 cm. They were muscle deep on skull. Fresh bleeding was present. ;