BAL GOVIND Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374 (2) Cr. P.C., has been preferred by appellants Bal Govind, son of Sri Satrohan and Ram Lakhan, son of Sri Sarju against the judgment and order dated 22.10.2002 passed by Additional Sessions Judge, F.T.C. No. 3, Sitapur in S.T. No. 71/1996 arising out of Case Crime No. 250/93 under Section 307, 307/34 I.P.C., P.S. Hargaon, District Sitapur, by which the appellants have been convicted for the offence under Section 324 I.P.C., and sentenced for a period of two years rigorous imprisonment.

(2.) ACCUSED Sarvajeet was acquitted of the charges under Section 307 read with 34 I.P.C.

(3.) THE briefly stated prosecution case is, that on 24.9.95 complainant Babu Ram along with his son Shatrohan Lal had gone to market to purchase household articles and when they were returning back to home on cycle, at about 5.30 p.m., when they reached near the mango grove of Sobaran Lal, Ram Lakhan and Bal Govind, armed with 'katta' and Sarvajeet, armed with 'lathi', who were of his own village, instigated; Ram Lakhan and Bal Govind with intention to kill, fired one shot each which hit at the back and on the left hand of complainant; complainant's son who was riding cycle, ran fast from the place of occurrence, on alarm being raised, several person were attracted, the accused were challenged and also made good to escape.