JUDGMENT :

1. This criminal appeal has been preferred against the judgment and order dated 26.09.1983 passed by Xth Additional Sessions Judge, Allahabad in Session Trial No. 251 of 1983 (State Vs. Sadan Yadav) arising out of Crime No. 1093 of 1981, Police Station Colonelganj, District Allahabad by which appellants (Sadan Yadav and Govind Patel) have been convicted under Section 307 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a term of six years and fine of Rs. 1000/-for each in default to undergo additional rigorous imprisonment for six months.

2. During pendency of appeal, appellant no. 2 Govind Patel has died, therefore, appeal on his part stood abated.

3. The prosecution case in brief is that there was dispute between appellants and informant Ashok Kumar relating to money taken by the appellant Sadan for liquor and not returning it to him. On 29.12.1981 at about 6 p.m. informant Ashok Kumar was returning his house. In the way he heard some foot steps behind him. As he turned, he saw two persons Sadan Yadav and Govind Patel. They hurled bombs on him, those fell near his legs and exploded causing injuries on his both legs. His pant/trouser also got burnt. On his cry Ram Dei, Lalla and Pappu came there and witnessed the incident. Meanwhile, both the appellants fled away. Informant Ashok Kumar lodged an F.I.R. on the same day at the police station about 18.30 hours as crime no. 1093 of 1981 under Sections 307/427 IPC. Majroobi Chitthi was prepared by the constable clerk and injured Ashok Kumar was sent to Tej Bahadur Sapru, Hospital, Allahabad for medical examination. Following injuries were found on his person:-

I. Multiple lacerated wounds of various sizes in an area of 17 cm x 4 cm in front of the right leg from right knee joint to right ankle joint. Fresh bleeding present from the wounds.

II. Multiple lacerated wounds of various sizes in an area of 16 cm x 5 cm in front of the left leg from the lower part of the left knee joint up to the ankle joint. Fresh bleeding present from the wounds. Foreign bodies present in the wounds and there are redness all round the wounds.

III. Abrasion 1 cm x ½ cm on the posterior aspect of the right forearm 2 cm below the right elbow joint.

The Doctor was of the opinion that injury no. 1 and 2 were caused by some blust (Probably the word intended to be used was blast). Injury no. 3 was caused by friction. Duration of injuries fresh.

4. The investigation of the case was handed-over to Sub-Inspector Rama Shankar Tiwari, who investigated the case, collected the evidence and submitted charge sheet under Sections 307/427 IPC against the appellants.

5. The court concerned, took cognizance of the offence and after complying the provisions of Section 207 Cr.P.C, committed the case to the court of Sessions for trial.

6. The learned trial court framed charge under Section 307 IPC against the appellants on the basis of material on record which was read-over and explained to the appellants. They did not plead guilty but claimed for trial.

7. In support of its case prosecution examined P.W.1 Ashok Kumar who is informant, P.W.2 Lalla, P.W. 3 Santosh @ Pappu as witness of fact, P.W.4 S.I. Rama Shankar Tiwari, (Investigating Officer). P.W.5 Shobh Nath Chaudhary, pharmacist, P.W.6 constable Kaptan Singh who was posted with head-muharrir who lodged the F.I.R. and made entry in G.D.

8. After conclusion of prosecution evidence statement of appellants under Section 313 Cr.P.C. was recorded in which they stated the incident to be false and witnesses to be inimical. They did not adduce any evidence in defence.

9. After hearing the arguments for accused/appellant as well as the State, learned trial court passed the impugned judgment dated 26.09.1983 while convicting and sentencing the appellants as aforesaid.

10. Being aggrieved with the conviction and sentence this criminal appeal has been preferred by the appellants but owing to the death of appellant Govind Patel during pendency of appeal, his appe