RAM SUNDER Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal by the sole appellant Ram Sunder is to his conviction under Section 307 I.P.C. and imposed sentence of four years RI recorded by 2nd Additional Sessions Judge, Azamgarh in S.T. No. 335 of 1980, State Vs. Ram Naresh and others, relating to P.S. Madhuban, district Azamgarh. By the impugned judgment, two other accused persons Sabru and Ram Naresh have been acquitted for the charge under section 302/34 I.P.C.

(2.) PROSECUTION allegations against the appellant, stated briefly, were that on 30.10.1977 at 6 a.m., appellant had caused ballam injury to the informant Laxman in his field at the instigation of acquitted accused Sabru. FIR of the incident was got scribed through Ram Briksha by injured Laxman and then it was lodged at P.S. Madhuban the same day at 9.30 a.m. at a distance of six miles.

(3.) AFTER registration of crime, investigation was conducted and ultimately charge sheet was submitted against three accused Naresh, Sabru and appellant on 9.12.1977 under section 307 I.P.C.