Sheo Kumar Singh, J. - (1.) This Criminal Appeal under Section 374(2) Cr.P.C. has been filed against conviction dated 31.1.1997 and sentence dated 1.2.1997 passed by Additional session Judge, Court No.3, Pratapgarh in Session Trial No.65 of 1993 whereby the accused-appellants were found guilty under Section 307 read with Section 34 IPC and were sentenced to rigorous imprisonment for five years.
(2.) The brief story as involved by prosecution is that on 13.11.1990 Manoj Kumar had gone to the market of Missidipur at about 4.00 P.M. sitting on the cycle carrier, in the meantime appellants-accused Anil Kumar, Sanjay Kumar and Santosh Kumar came there and stopped him with knife. When the complainant intervened to save his son, they also beat him. On raising alarm by some persons, one witness Subash Chandra also intervened to save the complainant and his son in which he also received knife injuries.
(3.) The incident was intimated to the police station by means of Ex.Ka-1 in writing which was registered in police station on 14.11.1990 at about 00.20 hours and after investigation, the charge-sheet was submitted against all three accused on which the learned Chief Judicial magistrate took cognizance and committed the case to the court of session where charges were framed against the accused-appellants for which they denied and pleaded for trial.;