VINDHYACHAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A.S. Dewakar, learned counsel for the appellants and the learned A.G.A. for the State.

(2.) THIS criminal appeal has been filed against the judgment and order passed by the VIth Additional Sessions Judge, Azamgarh dated 19 -11 -1981 convicting the appellant Vindhyachal to 5 years R.I. under Section 307 IPC and 6 months R.I. under Sections 324/34 IPC, appellant Bilas to 4 years R.I. under Sections 307/34 IPC and one year R.I. under Section 324 IPC. The other two appellants Naresh and Sukhari were also convicted under Sections 307/34 and 324/34 IPC, but they have died and their appeal has abated by the order of this Court dated 16 -7 -2004. No further mention of their sentences is needed.

(3.) SHANKER was examined by doctor R.R. Rai (PW 5), Medical Officer, District Hospital, Azamgarh on 8 -2 -1976 who found one penetrating wound 1/2" x 3/10" x cavity deep with loop of intestine coming out. The injury was described as serious and fresh. Doctor Rai also examined Tufani the same day and found one incised wound 1" x 1/10" x skin deep on right fore -arm in front of wrist joint. This injury was described as simple and fresh. Doctor Rai also prepared the injury reports which are Exts. Ka -7 and Ka -8.