RAKESH Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS Rakesh son of Sri Ram, Rati Ram son of Chhadami, Naresh son of Maharam all residents of village Nagla, Mohammadpur, P.S Kotwali, District Mainpuri have preferred this appeal against the judgment and order dated 29.3.2006 passed by Sri Bhopal Singh, Addl. Sessions Judge, Court No. 4, Mainpuri in S.T. No. 2298 (Crime No. 817 of 1996), whereby they have been found guilty and convicted under sections 307/34, IPC and have been sentenced to undergo rigorous imprisonment for six years and fine of Rs. 2,000/ - has also been imposed on each of them with default situation of six months rigorous imprisonment.

(2.) BRIEF facts of the case as disclosed in the First Information Report Ex -ka -1 lodged at P.S. Kotwali, District Mainpuri on 7.8.1996 at 6.40 p.m. are that Ved Ram uncle of the informant Suresh Chand had purchased a land from Sri Ram, father of the accused Rakesh through a sale deed. On that account Rakesh nurtured enmity with Ved Ram. On 7.8.1996 at about 5 p.m. when Ved Ram was cutting wood near his house accused Rakesh, Vinod and Rati Ram armed with knives and Naresh, ma ­ternal uncle of Rakesh, armed with country made pistol came there abusing Ved Ram and said to kill him. At this the accused with intention to kill attacked Ved Ram with knives and Naresh fired at Ved Ram from his country made tamancha but the fire missed. Thereafter he gave blows with the butt of the tamancha and on the alarm raised by Ved Ram the informant his father and Pradeep, Chokhey Lal, Smt. Krishna reached there and saw the incident and saved Ved Ram. Villagers also came there and when challenged, the accused went away threatening and abusing.

(3.) INJURED Ved Ram was sent to Dis ­trict Hospital, Mainpuri where Dr. Sudhir Kumar, P.W. -3 was posted as Medical offi ­cer. He examined Ved Ram on 7.8.1996 at 7 p.m. and found the following injuries on his person: