Arvind Kumar Mishra-I, J. - (1.) Heard Sri Jai Singh Parihar, learned counsel for the appellants as well as Sri S.K. Upadhyaya- learned counsel for the informant and the learned AGA for the State and perused the record.
(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.01.1988 passed by Special Judge (Anti- Dacoity), Jalaun at Orai, in Sessions Trial No.102 of 1986 (State Vs. Chandrabhan Singh and others), arising out of case crime no.43 of 1986, Police Station- Madhogarh, District- Jalaun at Orai, whereby accused appellants- Chandrabhan Singh, Suresh and Mahesh- have been sentenced to six months R.I., 2 years R.I. and 5 years R.I., under Sections 323/34, 324/34, 325/34 IPC, respectively. All the sentences were directed to run concurrently.
(3.) Brief facts of the prosecution case, as discernible from record and reflected in the written report Exhibit Ka-1 is that on 22.3.1986 at about 9 a.m. complainant/informant- Narendra Singh- was going to Madhogarh market with six quintals of 'Gur' laden on the bullock-cart from his house situated in village Kursenda. As soon as the complainant/informant arrived near his grove accused- Chandrabhan Singh- armed with an axe and accused- Suresh and Mahesh- armed with lathi came across him and remarked that it was a good opportunity to finish the complainant, and they should beat him and he will be spared. Being apprehensive of danger the complainant tried to run away from the scene but accused- Suresh and Mahesh- gave him lathi blows, as result of which, he fell down, and in the meanwhile accused Chandrabhan also struck him with the axe which hit the upper portion of the left hand above the elbow. On alarm being raised by the complainant, witnesses Jagdish Singh and Dinesh Singh of the same village rushed to the spot, challenged the accused and rescued the complainant and the accused ran away towards the village but extended threat to finish the informant/complainant if he tried to lodge any report anywhere.;