Ravindra Singh, J. - (1.) This criminal appeal has been filed by the appellants Ram Khelawan, Ram Bahor and Ram Nihor against the judgment and order dated 2.7.1996 passed by learned 1st Additional Sessions Judge, Sultanpur in S.T. No. 198 of 1992 whereby the appellants have been convicted under section 308/34 I.P.C. and sentenced for three years rigorous imprisonment.
(2.) The facts in brief of this case are that the FIR has been lodged by Ram Milan Misra on 9.6.1991 at 6.30 p.m. in respect of the incident which had occurred on 9.6.1991 at about 4.00 p.m. The FIR was lodged against the appellants and their father Barsati but during pendency of the trial the accused Barsati has died. It is alleged that on account of some earlier mishappening the son of the first informant went to the house of the appellants to make a complaint where he was abused and injuries were caused on his person by using lathi and dandy blows. He was medically examined on 9.6.1991 at 9.44 p.m. According to the medical examination report he has sustained five injuries, all injuries were caused by hard and blunt object. Injury No. 4 was kept under observation and advised for X-Ray. According to the X-Ray report there was a fracture on shaft of ulna bone. After investigation the I.O. has submitted the charge-sheet against the appellants and charge was framed against them for the offence punishable under section 308/34 I.P.C. The same has been denied by the appellants and claimed for trial. The prosecution has examined seven witnesses in support of the prosecution version. Thereafter, the statement of the appellants were recorded under section 313 Cr.P.C. but no evidence in the defence was adduced by the appellants. The prosecution has successfully proved its case beyond the shadow of doubt against the appellants. Considering the same the appellants have been convicted for the offence punishable under section 308/34 I.P.C. Thereafter, the appellants were heard on quantum of sentence. The appellants prayed for the benefit of first offender by asserting that they were having no criminal antecedent. Considering the same they were sentenced for three years rigorous imprisonment by learned 1st Additional Sessions Judge, Sultanpur on 2.7.1996.
(3.) Heard Sri M.P. Yadav, learned Counsel for the appellants and learned A.G.A. for the State of U.P.;