SURESH & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajiva Dubey, learned counsel for the appellants and Sri Diwakar Singh, learned counsel for the State.

(2.) The present appeal is directed against the judgment of conviction and order of sentence dated 12.12.1996 passed by 4th Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 454 of 1992, whereby and whereunder the appellants were convicted under Section 304(1) & 323 of the IPC and were sentenced to undergo rigorous imprisonment of six years and pay fine of Rs. 1,000/- each for the offence under Section 304(1) of the IPC. It is further ordered that on default, both the appellants shall undergo rigorous imprisonment for six months. The learned court below further sentenced the appellants to undergo rigorous imprisonment for six months for the offence under Section 323 of the IPC.

(3.) The case of prosecution, in brief, is that on 14.09.1991, at about 9.00 A.M., the informant and his father came out of their house and found the animals were tied on the road and cow-dung was collected on the said road. Because of above reason, informant and his father were feeling difficulty in going through the said road. It is further alleged that informant asked the appellant- Roshan for removing the animals from the road, whereupon appellant started hurling abuses on the informant. It is stated that when informant forbade him from hurling abuses, he went to his house and called his brother- Suresh. It is alleged that when the appellants returned from their house, appellant - Roshan was armed with Kanta (a sharp cutting weapon), whereas appellant-Suresh was armed with lathi.