Vinod Prasad, J. - (1.) HEARD Sri P.K. Dubey learned Counsel for the revisionists and learned A.G.A.
(2.) REVISIONISTS are aggrieved by their conviction order dated 9.6.2008 passed by Judicial Magistrate I, Shahjahanpur, in Criminal Case No. 1599 of 2006 State v. Jadunath Singh and Ors.. by which Judicial Magistrate has convicted them under Sections 323/34 and 325/34 I.P.C. For the first charge, trial Magistrate has imposed sentence of six months SI and for the second charge, two years SI with fine of Rs. 1,000/ -each, in default of payment of fine, fifteen days further imprisonment. Both sentences have been ordered to run concurrently. It is recorded that by the same judgment, trial Magistrate acquitted revisionists for charge under Section 504 I.P.C. He was further pleased to give revisionists benefit of set off under Section 328 Code of Criminal Procedure Aggrieved by their conviction, revisionists preferred Criminal Appeal No. 26 of 2008 before Sessions Judge, Shahjahanpur, which was transferred to the court of Additional Sessions Judge, court No. 8 Shahjahanpur. Lower appellate court, dismissed the appeal and confirmed trial court's order of conviction and sentence, vide impugned judgment and order dated 4.3.2011. Hence this revision.
(3.) MATERIAL on record indicates that on 19.6.2003 at 9:45 a.m., report was lodged by Raja Ram, after getting it scribed by Ratipal Singh, stating therein that Khushi Ram had got a grocery shop in the village. Rs. 22/ -was due on revisionist No. 2 Guddu. Khushi Ram demanded his money back. This enraged the accused persons who all surrounded brother of Khushi Ram namely Ram Chandra injured, on 16.6.2003 at 7:00 a.m., when he was carrying milk to deliver it to Shahjahanpur, and belaboured him with blunt objects. Hue and cry raised by Ram Chandra attracted Khushi Ram and Ram Autar at the scene of assault, who both witnessed the incident. Ram Chandra was rushed to Government Hospital where he was admitted. Subsequent thereto, first information report was lodged as Crime No. 108 of 2003 under Sections 323, 504, 325 I.P.C. in which crime ultimately the revisionists were charge sheeted.;