(1.) This appeal has been preferred against the judgment and order dtd. 6/1/1986, passed by 3rd Additional Sessions Judge, Agra, in Sessions Trial No.53 of 1985 arising out of Case Crime No.66 of 1984 under Sec. 304 IPC, Police Station Etmad-ud-daula, District-Agra, whereby the appellants, namely, Kailashi and Ramesh were convicted and sentenced under Sec. 304 (2) IPC read with Sec. 34 IPC for three years rigorous imprisonment.
(2.) The brief facts for disposal of this appeal are that informant-Radhey Shyam lodged a report at Police Station Etmad-ul-daula, Agra on 22/2/1984 stating that at about 4:00 p.m., he was going from his house to his field at Ram Nagar, when he was passing through the street near his house, one Kailashi and Ramesh R/o Ram Nagar were coming from the side of their shop. When they reached near the informant, Kailashi struck his shoulder to him. At this, the informant said that they should walk carefully and Kailashi and Ramesh started abusing and beating the informant. On hearing the noise and shouting of the informant, his father Ram Dayal reached the spot and tried to intervene. At this, Kailashi and Ramesh left the informant and dashed Ram Dayal-father of informant to the ground and started beating him with fists, kicks and bricks. Kailashi told Ramesh that today they will settle the score with him. Informant's mother-Smt.Premwati, grand mother-Smt.Govindi, sisters-Usha and Mithalesh and the neighbours-Soonsa Ram and Rajendra arrived at the place of occurrence. They saw the occurrence and saved Ram Dayal from Kailashi and Ramesh. When they were going to the doctor, Radhey Shyam succumbed to the injuries, which he had sustained in his abdomen and chest. While keeping the dead-body at house, the informant reached the police station and lodged the report. On the basis of written-report, Case Crime No.66 of 1984 under Sec. 304 IPC was registered. After investigation, Investigating Officer submitted charge-sheet against the appellants under Sec. 304 IPC. Learned trial court framed charge against both the appellants under Sec. 304 IPC read with Sec. 34 IPC and after trial, convicted and sentenced both the appellants for the charges levelled against them for three years rigorous imprisonment. Aggrieved with the judgment and order, this appeal has been preferred by the appellants.
(3.) Heard Shri Satya Prakash Tiwari, learned counsel for the appellants, Shri S.S. Sachan, learned AGA appearing on behalf of State and perused the record.