(1.) THE instant appeal preferred against judgment and order dated 26.2.1981 passed by Vth Additional Sessions Judge, Azamgarh, convicting appellant under Section 307 I.P.C. and sentencing him to undergo three years R.I.
(2.) THE occurrence is alleged to have taken place in the evening of 15.5.1978. Injured Rajmani Pandey went to ease himself at the outskirts of Abadi. While he was returning, he was attacked by the two accused, who came out from house of accused Lalta. Accused Lalta had a spear while Brahmadeo had a Lathi. Lalta gave spear blow on the chest of Rajmani Pandey with an intention to kill him on exhortation of Brahmadeo.
(3.) INJURY of Rajmani Pandey, examined by Dr. A.K. Banerjee, on 15.5.1978 at 11:00 pm. is quoted below: