Ravindra Nath Kakkar, J. - (1.) Heard learned counsel for the appellants and Sri Rajiv Mishra, learned A.G.A. for the State.
(2.) This criminal appeal has been preferred against the judgement and order dated 07.02.2003 passed by Additional Session Judge, Fast Track Court No. 1, Ghazipur in Sessions Trial No. 145 of 1995 (State of U.P. Vs. Suryakant and others) convicting and sentencing the accused-appellants for Section 323 read with Section 34 I.P.C. simple imprisonment of six months.
(3.) Prosecution story in brief is that complainant Panchu (deceased) lodged an N.C.R. bearing No. 95 of 1992 under Sections 323 and 504 I.P.C. which was later on converted into under Section 304 I.P.C. and case was registered as Case Crime No. 105 of 1992. The oral allegation of the complainant (deceased) Panchu was that on 30.5.1992 at about 04:00 P.M. in Village-Barahpur, PS-Nandganj, District-Ghazipur, he was digging foundation for construction of his house which was obstructed by accused-appellants. Thereafter, altercation took place between complainant (deceased) and accused-appellants. Accused-appellants had abused and beaten the complainant (deceased) by lathi and danda on which he fell down and on the intervention of the witnesses the incident was sorted out. The aforesaid incident was reported to the police station concerned on the same day and complainant was medically examined on the same day. Thereafter, on 10.06.1992 complainant Panchu died and the aforesaid N.C.R. lodged under Section 323 and 504 I.P.C. was converted into under Section 304 I.P.C.;