NAND LAL SONI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Ashok Krumar Srivastava, learned counsel for the appellants, Shri Sharad Dixit, learned AGA for the State respondent and Shri Ramesh Singh, learned counsel for the informant.

(2.) THIS criminal appeal has been filed by the appellants - Nand Lal Soni and Arjun Prasad Soni, challenging the judgment and order dated 2.9.2004 passed by the learned Additional Sessions Judge (F.T.C.), Pratapgarh by which he has convicted the appellants under Section 308/34 IPC and sentenced them to undergo 4 years RI and Rs.2000/ - fine.

(3.) THE factual matrix of the case is that Rinki Soni - the informant had lodged FIR on 11.1.2000, at about 19:45 hours, alleging that on 9.1.2000, the accused persons invited his father Munna Lal Soni to their home, and when his father finished his meal, both the accused persons, who are also brother, started beating his father by lathi, danda, kick and fists, and when his father reached in life -threatening condition, they threw his father in the mustard field of Vinod Singh. On noise, one neighbour Punnwasi Soni saw his father and he told the informant about the incident. Then the informant and Punnwasi Soni and Amrit Lal Soni went to his father to rescue him. On this, the accused persons threatened that if he go to lodge FIR, he will be killed. Thereafter, the informant took his father to District Hospital, Pratapgarh for medical examination, as there were serious injuries on his head. On 9.1.2000, at about 10 PM, Dr. Mahendra Kumar examined the father of the informant and found following injuries: -