BABBAN Vs. STATE OF U P

JUDGEMENT

(1.) THERE are four appellants in this appeal; all the appellants are own brothers, resident of village Bishanpur, P. S. Gyanpur district Varanasi.

(2.) BABBAN appellant have been convicted under Sec. 307 simplicitor and 326/34, 323/34 and again under Sec.323/34 of Indian Penal Code. BABBAN has been sentenced to five years rigorous imprisonment under Sec. 307, three years R. I. under Sec. 326 read with Sec. 34 and six months R. I. under both counts viz. 323 read with Sec. 34 of Indian Penal Code.

(3.) A written report Ext. Ka. 1 about the occurrence was lodged by Jokhan at police station in the same forenoon at 11.15 A. M. The distance of police station from the scene of occurrence was four miles. It was laid in the report that on that morning at 8 A. M. while Jokhan was sitting at his door appellants attacked him with Gandasa and lathis on account of enmity of ghost affair and this inflicted injuries on his hand and index finger, When he raised alarm Smt.Reshmi also came there. She was also attacked by the appellants and sustained injuries.