OM PRAKASH @ MAHESHE Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order dated 16.11.2000 passed by V Additional District & Sessions Judge, Sultanpur in S.T. No. 300 of 1990 arising out of Case Crime No.58 of 1989 whereby the accused-appellant was convicted under Section 307 I.P.C. read with Section 34 I.P.C. and sentenced to three years' rigorous imprisonment and a fine of Rs.1000/- with default stipulation three months' rigorous imprisonment.

(2.) According to the prosecution, a first information report was lodged on 21.3.1989 at 20:40 hours at P.S. Gauriganj, District Sulanpur by one Vishwa Nath Sharan Lal stating that on 21.3.1989 at about 7:00 P.M. he heard the cries of his nephew Sushil Kumar, near Imli Ka Tal. On hearing the cries, he along with Jagannath Saran, Bharat Saran Avadh Bihari Pandey, Sukhraj and Mangal reached the spot and saw that the accused appellant Om Prakash @ Maheshe and Shyam Bahadur were stabbing his nephew Sushil Kumar by knife. On raising alarm, the accused ran away. Sushil Kumar sustained injuries. He was taken to hospital. First information report was registered at Case Crime No.58 of 1989. The injured was medico legally examined on 21.3.1989 at P.H.C. Gauriganj, District Sultanpur at 9:00 p.m. by Dr. P.K. Agarwal who found 15 injuries on body of the injured. All the injuries were opined to be simple in nature except injury no. 4, 10 & 11 wherein X-ray was advised. X-ray was done by Dr. V.K.Verma on 25.03.1989 wherein no fracture was found. Investigating Officer inspected the place of incident and recorded the statement of witnesses and submitted charge sheet against the accused, namely Om Prakash and Shyam Bahadur.

(3.) Both accused Om Prakash and Shyam Bahadur were charged under Section 307 I.P.C. read with Section 34 I.P.C. They denied the charges levelled against them and claimed trial. Subsequently, trial of Shyam Bahadur was separated.