Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 03.02.1996 passed by learned III Additional District Judge, Unnao, in Sessions Trial No.546 of 1993, whereby and whereunder the accused/appellant was found guilty under Section 307 I.P.C. and was sentenced to undergo imprisonment for a period of five years. He was further convicted under Section 25 (1) of the Arms Act and was sentenced to undergo rigorous imprisonment for one year.
(2.) The brief facts, as narrated by the prosecution, are that on 23.07.1993, when the complainant and his brother were sitting on their shops at about 11.00 A.M., the accused came with his sharp weapon 'Kukhari' in his hand and started to move 'Kukhari' in the items kept there in the shop and the complainant's brother restrained him from doing so. Aggrieved by the above act, the accused/appellant entered into the shop of the complainant and caused injuries by sharp weapon 'Kukhari' to his brother. After making noise by the complainant and his brother, the accused fled way and after some efforts he was caught hold by the complainant and passer by persons and was given in the custody of the police constable Om Prakesh Singh, who was there on duty. After that the First Information Report was lodged in the Police Station, where it was registered and the case was investigated by the investigating officers. After investigation, police submitted a charge-sheet. Since the case was triable by court of sessions, thus after taking cognizance of the offence, the case was committed to the court of session, where the appellant was summoned and charges were levelled against him for which he pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Dinesh Chandra Mishra, PW-2 Janki, PW-3 Devesh Kumar, PW4 Rajander Kumar Awasthi (I.O.), PW-5 Dhorelal, and PW-6 L.R. Kureshi were examined.;