POONAM SRIVASTAV,J. - (1.) THE instant appeal preferred against judgment and order dated 26.2.1981 passed by Vth Additional Sessions Judge, Azamgarh, convicting appellant under Section 307 I.P.C. and sentencing him to undergo three years R.I.
(2.) THE occurrence is alleged to have taken place in the evening of 15.5.1978. Injured Rajmani Pandey went to ease himself at the outskirts of Abadi. While he was returning, he was attacked by the two accused, who came out from house of accused Lalta. Accused Lalta had a spear while Brahmadeo had a Lathi. Lalta gave spear blow on the chest of Rajmani Pandey with an intention to kill him on exhortation of Brahmadeo. Eye witnesses examined are Rajmani Pandey PW-1, Ram Jiyawan PW-2 who is said to have arrived at the scene of occurrence. Jhillu @ Zilajeet PW-3 was accompanying PW-2. He rushed to rescue the injured.
(3.) INJURY of Rajmani Pandey, examined by Dr. A.K. Banerjee, on 15.5.1978 at 11:00 pm. is quoted below: B/B Constable Sri Kumbh Nath Tewari No.89 C.P. of P.S. Kotwali, Azamgarh. M.I. Scar 2 cm x 1 ½ cm on the inner and middle part of left thigh. 1. Punctured wound 1 cm x ½ cm x chest cavity deep (?) or middle of the chest in front; slightly to the right of middle line 8 cm inner to the right nipple and 1 cm. outer and right to middle line of the chest (margins clean cut), bleeding present. (1) Injury kept under observation. (2) Caused by sharp edged pointed weapon. (3) Duration fresh. Advised X-ray of the chest. G.C. fair. X-ray report of Rajmani Pandey is also quoted below: M.I. Scar 2 cm. x ½ cm. on the inner and middle part of left thigh by six. X-ray chest P.A. view. Bony cage normal. Media sternum central. Both costophreine angles clear. Lung parenchyma normal. Heart normal. ;