PRAHLAD SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Prahlad Singh, Man Singh, Talukdar Singh and Mahant Singh against the judgment and order dated 12.09.2002 passed by learned Additional and Sessions Judge, F.T.C. No. 30, Barabanki in Sessions Trial No. 745 of 1998(case crime No. 87 of 1995 under Section 307, 504 and 506 I.P.C., police station Subeha, district Barabanki)convicting and sentencing the appellants under Section 324/34 I.P.C. for a period of two years' R.I.

(2.) BRIEFLY stated, the prosecution case is that on 10.12.1995 complainant and his wife were proceeding to attend the meeting, which was to be held for construction of new road and when they reached near 'Meennagar', appellants namely Prahlad Singh, Talukdar Singh, Man Singh and Mahant Singh of their village, who were hiding, came out and in order to kill them, appellant Prahlad Singh hurled bomb which got burst and complainant got injured. The second bomb which dropped nearby his wife did not burst. On hearing the sound of bursting of hand -grenade, complainant's brother Lallan Prasad, mother and other villagers reached at the spot and accused appellants fled away. They abused complainant and his wife and also threatened with dire consequences. The F.I.R. was lodged on the same day at 11.10 a.m.

(3.) PROSECUTION , in order to prove its case, examined complainant P.W. 1 Jagjeevan, P.W. 2 Hanuman Lalee wife of the complainant, P.W. 3 Constable Arjun Prasad, P.W. 4 Dr. Jayant Singh, P.W. 5 Investigating Officer Amar Singh.