Arvind Kumar Mishra, J. - (1.) The instant criminal appeal is directed against the judgment and order of conviction dated 20.2.1996, whereby, the surviving appellant no.2 - Satya Narain Singh having been convicted for offence under Section - 352 I.P.C. has been sentenced with fine Rs. 500/- and in default, he is to suffer additional imprisonment for one month concerning Case Crime No. 213 of 1987, Police Station - Dhanghata, District - Basti.
(2.) Factual matrix of this case as reflected from record appears to be that Smt. Barafa Devi lodged an FIR at Police Station - Dhanghata on 7.8.1987 alleging therein that her husband - Binare alias Vinda Singh, his two brothers Divakar Singh and Sitaram Singh and uncle Satya Narain Singh were involved in some dispute regarding partition of land and house. On that date, she, her husband and her son had gone to their field to collect fodder for the cattle at about 4:30 p.m. In the meanwhile, Divakar Singh armed with a 'kudal' and Satya Narain Singh possessing with a 'danda' (stick) came on the field and began to altercate on point of partition, whereafter Satya Narain jerked down her husband on the ground from behind and held his both hands, while Divakar gave 3-4 blows with the reverse side of the 'kudal' on his head and face. She and her son Madan Chandra sprawled over him to save his life. In the meantime, other persons working in and around the field also arrived on the spot, after hearing the hue and cry being raised. Due to the injuries, the informant's husband became unconscious. He was taken to P.H.C. - Hainsar Bazar for treatment before lodging of the F.I.R.
(3.) F.I.R. of the incidence was lodged at Case Crime No. 213 of 1987 at Police Station - Dhanghata and the investigating officer started the investigation and recorded statement of the witnesses, prepared the site plan and after completing the formalities, filed the charge-sheet under Section - 308 I.P.C. against both the accused.;