SHIV NARAYAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellants and Shri Sharad Dixit, learned AGA for the State respondent and also perused the records.

(2.) THIS criminal appeal has been preferred challenging the judgment and order dated 20.4.2007 passed by the Additional Sessions Judge/Fast Track Court No.2, Gonda in Sessions Trial No.104 of 2004, Crime No.80 of 2003 by which the appellants have been convicted under Section 304 IPC read with Section 34 IPC and sentenced to undergo 10 years RI and fine of Rs.5000/ - each to each appellants.

(3.) THE prosecution story, in brief, is that on 16.5.2003 the informant Nirmala along with his husband Ram Shanker alias Matole and brother in law Ram Bahadur went to their field of Corn (Makai). In the evening when they were coming back with grass and reached the boring of one Islam Gosi son of Subedar at about 7 PM, then Shiv Narayan and Chunnu, both sons of Buddh Ram, and Ram Baran son in law of Buddh Ram on account of old enmity beaten her husband Ram Shanker with lathi and danda as a result of which Ram Shanker received several injuries on his head and body. Since there were several injuries, the family members of the informant took the injured to the Government Hospital, Gonda. The injured got treatment in the Government Hospital for three days, but when he did not feel any relief, the family members took him to private hospital at Lucknow on 19.5.2003. On 20.5.2003 the injured succumbed to the injuries. On this, a case under Section 304 IPC.