ANIL KUMAR SRIVASTAVA-II,J. - (1.) Heard Sri R.N. Gupta, learned counsel for the appellants and learned AGA for the State and perused the record.
(2.) Instant appeal has arisen against the judgment and order dated 16.4.1998 passed by learned First Additional Sessions Judge, Hardoi in Sessions Trial No. 405 of 1993 arising out of Case Crime No. 97 of 1993, P.S. Kachhaona, District-Hardoi; State v. Ram Sahai . Learned trial court has convicted the accused-Babu under Section 304 IPC and sentenced him rigorous imprisonment for 10 years and fine of Rs. 3000/- with default stipulation of six months' simple imprisonment. Accused-Ram Sahai, Balak Ram and Jadu Nath were convicted under Section 323 IPC and were given benefit of Section 4 of Probation of First Offenders Act.
(3.) According to the prosecution version, a chick FIR was registered on 23.5.1993 at 11.15 AM at Police Station-Kachhaona, District-Hardoi, at case crime No. 97 of 1993, under Sections 323, 324, 504 and 506 IPC on the basis of an oral information given by the injured Sri Ram. It is stated that Balak Ram Pasi was coming with his ox. Satish son of Sri Ram hit the ox by danda. Balak Ram slapped Satish and when the complainant asked Balak Ram and his family member about the incident, Ram Sahai his son Babu, Balak Ram and Jadu Nath assaulted him by 'lathi', 'danda' and 'kata', and he ran away towards western side of the village. On 23.5.1993 at about 10.00 AM, all of them have beaten him in the field of Abbas. Complainant has suffered injuries of 'Kata' in his head and 'lathi' injuries on the body. On hearing the cries, Badlu father of the complainant mother of the complainant and Kamla wife of complainant and some villagers came there. Accused ran away from the place of occurrence.;