GANESH Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal has been preferred by two real sibling brothers Ganesh and Dinesh who are aggrieved by their conviction under Section 307/34 IPC and imposed sentence of 4 years R.I. therefore, recorded by Ist Additional Session's Judge, Ballia, in S.T. No. 156 of 1980, State Vs. Dinesh and others, relating to P.S. Maniar, District Ballia, vide impugned judgment and order dated 29.8.81.

(2.) Prosecution allegations against the appellants, as are perceptible from the F.I.R. and testimonies of fact witnesses during the Session's trial, stated laconically, indicate that on 27.6.1979 at 12 noon, PW3 Rameshwar, his son Pawan Kumar, P.W.1, with two labours Videshi and Banarasi, PW2,who were brothers, were tilling their land, in their village Hathauz, when the two appellants, armed with lathi and spear (ballam), approached them and forbade them from such tilling. P.W.1 Pawan Kumar refused to abide by their threats by stating that the field belonged to them. On this, appellant Dinesh caught hold of P.W.1 from behind and another appellant Ganesh thrusted a spear blow in his chest with an intention to annihilate him. This incident was witnessed by the persons present there namely, Bideshi, Banarsi,PW2, and informant father Rameshwar P.W.3.

(3.) After the incident, injured and informant P.W.1&3, went to the police station Maniar, and lodged written FIR, Ext. Ka-1 same day at 3.20 p.m. Head Moharrir, Kalpa Nath Ram, registered the case by preparing chik FIR, Ext. Ka 6, and GD entry Ext. Ka 7. On an application dated 28.6.79, moved by the injured Pawan Kumar, crime was converted from 323/324 to 307 IPC by the orders of Chaman Lal, Superintendent of Police, Ballia vide Ext. ka2. From the police station, injured was dispatched for his medical examination to Maniar Hospital.