MANNA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal under Section 374(2) Cr.P.C. has been preferred by Manna, son of Matai Pasi and Sinna, son of Lochan against the judgment and order dated 20.6.1998 passed by Sessions Judge, Unnao in Sessions Trial No.104 of 1998 (State v. Manna and another) convicting and sentencing the appellants under Section 307/34 I.P.C. for eight years' R.I.

(2.) Briefly stated, the prosecution case is that informant-injured Bhagwati and both the accused reside in Village Ahamadpur Wade. About a month prior to the occurrence, some altercations had taken place in between Vijai Pal, brother of the informant on one hand and both the accused and one Mangal on the other. The back ground of altercation was that Vijai Pal had given a push by his bi-cycle to them. Bhagwati(injured) made protest to the accused, whereupon the accused had threatened him with dire consequence.

(3.) On 14.11.1997 at about 3:00-4:00 a.m., informant Bhagwati was reaping his paddy crop and had reaped only two 'Muttha' (handful) paddy crop; at that time both the accused came there from the side of the grove. Accused Sinna fired at the informant, which did not hit him; the informant ran for his life but Manna followed him and fired, from his half gun, a shot, which hit him on the left side of shoulder at the back.