FATEH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, senior counsel assisted by Sri Love Srivastava for the appellant and Kumari Meena and Sri Pradeep Pandey, A.G.A. for State respondent.

(2.) This criminal appeal is preferred against the judgment and order dated 29.3.1991 passed by VIth Additional Sessions Judge, Agra in S.T. No. 264 of 1988, State Vs. Fateh Singh and another, under section 302/34 IPC.

(3.) Facts of the case in nutshell are that on 19.10.1987 the complainant's husband Ram Ratan Singh and her son Parsu Ram had taken their cattle for grazing in the limits of their village Guhi, a hamlet of Rampur, P.S. Pidhaura, district Agra. At about 11 A.M., when complainant - Ram Kumari reached at the spot where her husband and son were grazing the cattle, to give them food, she saw accused appellants- Fateh Singh armed with an axe and Ram Kishore armed with a ballam, were causing injuries to her husband and son. She raised alarm and cried for help, whereupon Ram Murari Singh, Bare Lal and some other persons reached at the spot. On seeing them, the accused appellants ran away with their arms towards Behar. They were chased but they managed to escape.