Harsh Kumar, J. - (1.) The present criminal appeal has been filed against the impugned judgment and order dated 10.11.1983 passed by Ist Additional Sessions Judge, Jaunpur in S.T. No.287 of 1982, convicting the accused-appellants Suraj Narain Singh, Satish and Girish under Section 307/34 I.P.C. and sentencing them with rigorous imprisonment for a period of 5 years.
(2.) The brief facts relating to the case are that "on 22.7.1981 at about 12:35 p.m. F.I.R. was lodged by Rajdeo Yadav against Surya Narain Singh and his three sons at P.S. Kotwali, District Jaunpur at Case Crime No.198 of 1981, under Sections 447, 323 & 307 I.P.C. stating that today at 8:00 a.m. his Chacha Kedar Nath Yadav was putting 'Medh' on his agricultural field and adjoining farmer Surya Narain Singh was encroaching over his fields and when his Chacha asked him to desist, the accused persons Girish, Satish, Jagdish sons of Surya Narain Singh started beating him with knives and lathies and when his Chacha tried to escape, Girish stabbed knife wound in his abdomen while Surya Narain Singh was exhorting his sons to cause death of Kedar Nath. The incident was also seen by Ram Nandan and Kuber Vishwakarma, and Kedar Nath was taken to hospital."
(3.) Upon investigation, charge-sheet was submitted and on committal of case to sessions the Additional Sessions Judge framed charges under Sections 307/34 I.P.C. against three accused persons and simplicitor charge under Section 307 I.P.C. against accused Girish. The prosecution produced first informant Rajdeo Yadav as P.W.-1, injured Kedar Nath as P.W.-2, Medical Officer Dr. C.K. Gupta as P.W.-3, Daya Shankar Upadhyay Court Moharir as P.W.-4, Dr. B.P. Gupta, Surgeon as P.W.-5 and Tej Bahadur, I.O. as P.W.-6. After recording the statement of accused persons under Section 313 Cr.P.C. and hearing the parties' counsel the learned trial court acquitted accused Jagdish and convicted Satish, Girish and Surya Narain Singh for the offence under Section 307/34 I.P.C. and sentenced each of them with rigorous imprisonment for a period of 5 years. Feeling aggrieved the appeal was filed by the three convicts. During the pendency of appeal, appellant no.1 Surya Narain Singh died and appeal in respect of him was abated vide order dated 9.8.2016.;