(1.) The instant criminal appeal has been filed against judgment and order dated 15.10.1998 passed by Additional Sessions Judge III, Hardoi, in Session Trial No.487 of 1996 in connection with case crime No. 76 of 1996 under sections 308/34 IPC, P.S. Hariyawan, District Hardoi, whereby and whereunder appellant Mahesh was found guilty under section 308 IPC and was punished with rigorous imprisonment for a period of four years.
(2.) The brief facts giving rise to filing of the present appeal are that on 22.08.1993 a first information report was lodged by one Ram Chandra son of Moola with the facts that on that day at about 06.30 PM when his brother Ram Pal was collecting and managing the cattle, appellant Mahesh with other accused persons namely Bodil, Buddha and Sushil came with lathis in their hands at the door of the complainant and started to abuse his brother with the allegation of taking and disturbing the bricks heaped there and they started to beat by means of lathis and after making noise, when witnesses Gayadeen, Badri, Moola, Ram Chandra and other villagers reached there, they fled away. His brother became unconscious and was taken to police station and after submission of Ext. Ka-1, a first information report was lodged against four accused persons including appellant Mahesh and the injured was sent to hospital for treatment. After investigation, charge sheet was filed against all four accused persons under Sections 308 and 504 IPC. Learned Judicial Magistrate took cognizance and committed the case to the Court of Sessions where charges under Sections 308 and 504 IPC were framed against them for which they pleaded not guilty and claimed for trial. In order to prove the charges, the prosecution had examined PW-1 Ram Pal, PW-2 Gayadeen, PW-3 Dr. Vinod Kumar Gupta, PW-4 V.D. Verma, Pharmacist, PW-5 S.I. Harveer Singh, PW-6 Dr. S.K. Rastogi, Senior Radiologist, and PW-7 Ram Kumar Srivastava. In the statement recorded under Section 313 Cr.P.C., the appellant had stated that he has been falsely implicated in this case. After hearing learned counsel for the appellant and learned counsel for the State, learned trial court vide order impugned found appellant Mahesh guilty under Section 308 IPC and sentenced him as above. Charges against rest of the accused persons were not found proved. Thus, they were acquitted by the aforesaid order. Aggrieved by the conviction and sentence, appellant Mahesh has filed this appeal on the ground that prosecution has failed to prove the case beyond reasonable doubt and the witnesses examined by the prosecution are related witnesses or inimical to the accused/appellant.
(3.) I have heard Mr. Ram Bux Rawat, learned counsel for the appellant as well as Mrs. Zeba Islam Siddiqui, learned Additional Government Advocate for the State and perused the record.
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