(1.) The instant criminal appeal has been filed against the judgment and order dated 28.10.1999 passed by the 3th Additional Sessions Judge, Hardoi, in Sessions Trial No.471 of 1994, whereby the accused/appellants, Avadesh and Shri Pal were found guilty under Section 307 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years, with fine of Rs.2000/- each. In case of default of payment of fine, he have to further undergo rigorous imprisonment for a period of six months.
(2.) The brief facts giving rise to the present criminal appeal are that on 07.01.1983 at about 12 in the day, the complainant was busy in irrigating his agriculture field and was going with bullock cart with the pumping set, the son Manoj Kumar was also with him, then the accused/appellants came there and stated that how he dare to carry the bullock cart through his fields, immediately they abused the complainant and fired. The incident was seen by Kamla Devi PW-2. The matter was reported to the police station and the First Information Report was lodged and after investigation, a chargesheet was submitted against the appellants. Charges were levelled against the appellants for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Brij Bihari, PW-2 Kamla Devi, PW-3 Ram Shanker, PW-4 Dr. Shiv Kumar Maurya, PW-5 Constable Sunder Lal, PW-6 (S.I.) Ram Manohar and PW-7 Dr.O.P. Mishra were examined.
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