- (1.) Under challenge in this appeal is the judgment and order dated 28.01.2006 rendered by Sri Ram Raj, the then Additional Sessions Judge/ Fast Track Court Court No. 5, Gonda convicting the appellants Ram Pati and Rekha Ram under Section 307 read with Section 34 I.P.C. and sentencing both of them to undergo Rigorous Imprisonment for 7 years each and to pay a fine of Rs. 2000/- each, in default to undergo six months' each additional R.I. All the sentences were directed to run concurrently.
(2.) Briefly stated the facts are that on 05.10.1994 at about 4.00 p.m. complainant Brij Lal was doing some work in his field. It is said that appellant Ram Pati had ploughed his adjoining field by encroaching upon the field of the complainant upto 3 feet which was being rectified by the complainant. At that very time both the appellants came and started abusing them. The father of the complainant forbade them from doing so whereupon the appellant Rekha Ram having Ghandasa in his hand and Ram Pati having lathi in his hand started beating the complainant causing him as many as four injuries including three incised wounds and one abrasion. The report of the case was lodged and the complainant-injured was medically examined. After completion of the investigation charge-sheet was submitted against both the appellants. After taking a cognizance the learned Magistrate committed the case to the court of sessions where charge under Section 307 read with 34 I.P.C. was framed. The appellants denied the charges and claimed trial.
(3.) In support of its case prosecution examined the following witnesses: PW-1 Brij Lal, the injured. PW-2 Ram Roop, an eye witness. PW-3 Keshav Ram, an eye witness. PW-4 Krishna Kumar Singh, an eye witness. PW-5, Dr. R. P. Singh who examined the injuries. PW-6 Constable Hari Karan Yadav. The rest of the witnesses were discharged.;