JUDGMENT :

1. Heard Mr. Azmal Khan, learned counsel for appellant, Mr. Prem Prakash Singh, learned counsel for complainant and Ms. Shikha Sinha, learned A.G.A. for the State and perused the trial court record.

2. This criminal appeal has been preferred by appellants challenging the impugned judgment and order dated 26.06.2001 passed by learned Additional Sessions Judge (Fast Track Court), Pratapgarh in Sessions Trial No. 103 of 1994, arising out of Case Crime No. 22 of 1990, under Sections 307/34 & 323/34 IPC, Police Station Raniganj, District Pratapgarh. By the said judgment, the appellants has been convicted and sentenced for offence under Section 307/34 IPC for ten years rigorous imprisonment and fine of Rs. 10,000/-each. In default of payment of fine, they were to undergo for three months additional imprisonment. For the offence under Section 323/34 IPC for six months rigorous imprisonment. Both the sentences were directed to run concurrently.

3. Brief facts of this case emerges out as under:-

An FIR was lodged by complainant Ismail with the allegation that on 2.2.1990 at 9:00 a.m., dried bush of acacia was lying in the way near his house by which the pathway was obstructed. When the informant Ismail and his daughter Kismatulnishan tried to remove the said bush then due to old enmity, the appellants on the exhortation of co-accused Fariduddin; other appellants started threatening with dire consequences and attacked with lathi on the head of Kismatulnisha. The complainant tried to save his daughter then all the appellants also inflicted lathi blow to complainant. On the shrieks of complainant, Shamshad Ali, Murtaza and other villagers rushed towards the place of occurrence and intervened. Due to this incident, injured Kismatulnishan received grievous injuries. FIR of this case was lodged by complainant Ismail. On the basis of this written report, FIR of this case was lodged on 2.2.1990 at 15:05 hours against the accused appellants. After lodging of this FIR, investigation of this case was entrusted to Investigating Officer Nehal Ahmad.

4. Before lodging the FIR injured Kismatulnishan was examined before the District Hospital Pratapgarh on 2.2.1990 at 11;45: a.m. and following injuries were found on her body:-

(i) Lacerated wound 5 cm. x 1 cm. x scalp deep left side head above 2 cm. left ear. Fresh bleeding was present.

(ii) Complain of pain on left side chest during respiration. On examination tenderness is present over the lower rib.

5. Both the injuries were kept under observation. The injury was caused by some hard and blunt object. The duration was over three-four hours late.

6. The injury of injured Kismatulnishan was kept under observation. As per x-ray report, so far as injury no. 1 is concerned, no any discrepancy was seen on the head of Kismatulnishan. But as per x-ray of chest, there was fracture of 9th, 10th and 11th ribs of left side.

7. Other injured Ismail was also examined in District Hospital, Pratapgarh at 12:02 hours on the same day and following injuries were seen:-

(i) Lacerated wound 1 c.m. x ½ cm. x scalp deep, on right side head, 11 c.m. right along right pinna, fresh bleeding present.

8. The injury was simple in nature and caused by some hard and blunt object and duration was about 3-4 hours late.

9. During course of investigation, the Investigating Officer collected medical reports of the injured persons and statements of first informant and injured and several other persons were recorded. During investigation also the Investigating officer prepared site plan on the pointing out of the first informant.

10. After completing all the formalities of the investigation, the Investigating Officer filed charge sheet before the court concerned against all the appellants under Sections 323, 504, 506, 325 and 307 IPC. Thereafter the case was committed on 27.10.1994 to the court of sessions for trial, which is registered as Sessions Trial No. 103 of 1994.

11. At the time of framing of charge, co-accused Fariduddin was repor