Judgment ( 1. ) APPELLANTS Ganjan and Lachhi stand convicted under Sections 307 and 307 read with 34, IPC respectively with sentences of rigorous imprisonment for 10 years and fine of Rs. 2,000/-each, vide impugned judgment dated 2-12-89 passed by IIIrd Additional Sessions Judge, Chhindwara in Sessions Trial No. 142/88. ( 2. ) THE appellants have been found guilty of making an attempt at the life of injured Laxman by causing injuries on him by means of lathi and axe, in the night of 29-3-88. ( 3. ) APPELLANTS conviction is founded on the evidence of injured complainant P. W. 2 Laxman, his wife P. W. 1 Angana Bai which was found corroborated by the medical evidence of P. W. 11 Dr. R. S. Shrivastava and P. W. 12 Dr. P. K. Shrivastava. ( 4. ) INJURED complainant P. W. 2 Laxman has categorically deposed that on the fateful night, his real brothers the two accused persons, came to his house and entered into a dialogue with him over partition, between them. It is further in his evidence that during this altercation accused Ganjan assaulted him by means of an axe and accused Lachhi by means of a lathi. He stood firm in his cross-examination and his evidence could not be shaken at all. There is no earthly reason for this witness to implicate his two real brothers falsely in this case. ( 5. ) P. W. 1 Angana Bai, deposing in line with the evidence of her husband P. W. 2 Laxman, stated that in. the night of the incident, on hearing the cries of her husband she reached there and found accused Ganjan and Lachhi dealing blows on her husband Laxman by means of axe and lathi respectively. Nothing substantial could be elicited by the defence in her cross-examination which may render her evidence unworthy of credence. ( 6. ) ON a close scrutiny of the evidence of P. W. 1 Angana Bai and P. W. 2 Laxman, this Court is satisfied that they are truthful witnesses and their evidence can safely be acted upon. ( 7. ) THE ocular evidence of P. W. 1 Angana Bai and P. W. 2 Laxman stands amply corroborated by the medical evidence of P. W. 11 Dr. R. S. Shrivastava and P. W. 12 Dr.
( 7. ) THE ocular evidence of P. W. 1 Angana Bai and P. W. 2 Laxman stands amply corroborated by the medical evidence of P. W. 11 Dr. R. S. Shrivastava and P. W. 12 Dr. P. K. Shrivastava, who on medical examination found three incised wounds, one lacerated wound and an abrasion on the person of injured complainant Laxman. ( 8. ) ON the above re-appreciation of the evidence, this Court is satisfied that the Trial Court has rightly believed the evidence of injured complainant P. W. 2 Laxman and his wife P. W. 1 Angana Bai and the medical evidence in holding the accused appellants guilty of causing injuries on injured complainant Laxman by means of an axe and lathi. The appellants conviction under Sections 307 and 307 read with 34, IPC respectively, therefore, does not call for interference in this appeal. ( 9. ) THE sentences of rigorous imprisonment for 10 years and fine of Rs. 2,000/- each, awarded by the Trial Court, in the fact situation of the present case, also do not call for any interference. ( 10. ) FOR the foregoing reasons, the appeal, filed by appellants Ganjan and Lachhi against their conviction and sentences, fails and is hereby dismissed in toto. The conviction of appellants Ganjan and Lachhi under Sections 307 and 307 read with34, IPC respectively and sentences of rigorous imprisonment for 10 years and fine of Rs. 2,000/-each are hereby affirmed.