Rajendra Kumar, J. - (1.) Accused-Appellants faced trial in Session Trial No.137 of 2012 (State Vs. Harish Chandra and Ram Jeet, Crime No. 290 of 2012) under Sections 304, 323, 504, 506 IPC, Police Station Aurai, District Sant Ravidas Nagar (Bhadohi) and came to be convicted by Court of Additional Sessions Judge, Court No. 1, Bhadohi - Gyanpur vide judgement and order dated 24.3.2015, sentencing them under Section 304 read with Section 34 I.P.C. to undergo for life imprisonment, under Section 323 read with 34 I.P.C. to undergo for one year simple imprisonment with fine of Rs. 1000/-, under Section 504 I.P.C. to undergo for six months simple imprisonment and under Section 506 I.P.C. to undergo for five years simple imprisonment.
(2.) Being aggrieved, accused-appellants sought intervention of this Court by filing present Jail appeal from Jail concerned and accused-appellant Ram Jeet Bind filed separate Crl. Appeal No. 2719/2015. Since both appeals have arisen from common judgement, therefore, both appeals are being decided by this common judgement.
(3.) Brief facts giving rise to the present appeals as emerging from F.I.R. and evidence placed by prosecution on record are that P.W.-1 Kartali Devi aged about 75 years submitted written Tehrir Ex.Ka-1 getting it scribed by one Raj Kumar in the police station Aurai stating therein that she was sleeping with her victim (husband) and grand son Sanjay in the intervening night of 5/6.9.2012 in her hut situated near the pond. At about 1:00 a.m. in the night, the accused-appellants Harish Chandra and Ram Jeet came there and demanded male sheep to satisfy their lust. When victim Ram Jiyawan objected, they started to assault victim and P.W.-1 by Lathi and Danda, who sustained serious injuries. On hearing alarm made by them, Sitaram, Rajendra Pal, Sheetala Prasad and Ram Khelawan rushed there and rescued them. On intervention made by witnesses, both the accused-appellants ran away from spot. In the incident, P.W.-1 sustained injuries and victim Ram Jiyawan succumbed to injuries on spot at about 4:00 a.m. During incident, accused persons raised and slammed Sanjay, grand son of PW-1.;