Rang Nath Pandey, J. - (1.) Heard learned Counsel for the appellants and learned A.G.A for the State.
(2.) This Criminal Appeal has been preferred against the judgment and conviction dated 9.11.2001 passed by the Additional District & Sessions Judge, F.T.C-II Sultanpur, in Sessions Trial No. 110 of 1997 whereby the appellant-Tilak Dhari has been convicted under Section 307 I.P.C. for two years' rigorous imprisonment along with fine of Rs.2,000/- and appellant no.2- Bharat has been convicted under Section 307 read with Section 109 of the I.P.C for two years' rigorous imprisonment along with fine of Rs.2,000/- with default stipulation.
(3.) The prosecution case in a nutshell is that on intervening night i.e. 04.01.1997 at about 3.00 A.M., the complainant of the case and his father were sleeping in the verandah of their house situated at Kanakpur, Police Station-Akhand Nagar, District-Sultanpur. At that time, accused Tilakdhari carrying gadasa in his hands and accused Bharat carrying Danda, came silently to the head-side of the cot of father of complainant. They had come with an intention to kill the father of the complainant. Tilakdhari assaulted the father of complainant by gadasa. Due to it, Sahdev bled heavily and on his crying, complainant of the case, his brother Dinesh Chandra Viswakarma and his neighbour Rajesh Kumar came. Since there is enmity between the parties, therefore, accused persons have committed the accident with the father of complainant. Subsequently, Case Crime No. 2/97 under Section 307, 324 I.P.C. had been registered on the basis of Tahreer of complainant of the case, the reference whereof has been entered in the G.D.;