(1.) THIS criminal appeal arises out of a judgment and order dated 12.03.2007, passed by learned Additional Sessions Judge/F.T.C. Court No.10, Pratapgarh, in Sessions Trial No.25 of 1998 recording conviction of accused appellants under sections 302/34 IPC and 323/34 IPC and sentencing them each to imprisonment for life with a fine of Rs.1000/-; in the default of payment of fine, to undergo further R.I. for 3 months on first count, and a fine of Rs.1000/- each on second count; in default of payment of fine, to undergo further R.I. for 3 months.
(2.) BRIEFLY narrated the facts of prosecution case are that on 28.09.1997, complainant Ram Anuj, a resident of village Tala while being accompanied by his father Gangadeen was going to Pratapgarh in the morning hours at 8.00 O'Clock. Gangadeen was ahead of complainant and the moment they reached near the culvert (Pulia) of Tala crossing, accused persons namely Rasheed, armed with axe (Kulhari), Hakim and Ghayasuddin armed with lathis appeared from the culvert and out of enmity started abusing them, and while threatening them with dire consequences exhorted that the deceased be done to death. That very moment, accused Rasheed caused a Kulhari blow on the head of the father of complainant with an intention to kill him. Having sustained the injuries, the father of complainant collapsed on the spot. Rest two accused persons who were wielding lathis also caused assaults. When the complainant while challenging the accused rushed to rescue the deceased, he was chased and assaulted by accused Hakim and Ghyasuddin.
(3.) IN the opinion of doctor, the cause of death was haemorrhage and shock as a result of ante-mortem injuries. On a careful appreciation of evidence on record, the learned Trial Judge passed the impugned judgment and order under challenge. We have heard learned counsel for parties, and perused the records.