Sheo Kumar Singh, J. - (1.) The instant criminal appeal has been filed against the judgment and order dated 11.08.1999 passed by Additional Sessions Judge, Barabanki, in Sessions Trial No.189 of 1993 relating to case crime no.146 of 1990, under Section 307 I.P.C., Police Station Kothi, District Barabanki, whereby and whereunder the appellants/accused were found guilty under Section 307 I.P.C. and sentenced for five years rigorous imprisonment, with fine of Rs.1,000/- each and in default of payment of fine they have to further undergo six month simple imprisonment.
(2.) The brief facts giving rise to the present criminal appeal is that in previous night of 2nd September, 1990, the complainant Bhika Lal was in the field for irrigation purposes and at about 12 in the night his brother Mani Ram & Durga Din came there and both the appellants met him and appellant no.2 Ram Singh fired with his country made pistol and injured Mani Ram and Durga Din. It was moon light, the complainant and the witnesses seen the accused and identified them. The First Information Report was lodged in the police station and after investigation a chargesheet was submitted against both the appellants under Section 307 I.P.C. Learned Chief Judicial Magistrate took cognizance and committed the case to the court of session, where the charges were framed against the appellants, they have pleaded not guilty and claimed for trail.
(3.) In order to prove the prosecution case, PW-1 Bhikalal, PW-2 Maniram, PW-3 Durga Din, PW4 Dr. B.K. Verma, PW-5 S.I. Rajeshwar Prasad Tiwari, PW-6 Dr. R.S. Mishra and PW-7 Constable Jaipal were examined.;