Surendra Kumar, J. - (1.) HEARD Learned Counsel for the appellants and the learned A.G.A. for the State. The appellants Ganga Bhagat, Sunil and Harendra have been convicted by the Additional Sessions Judge, FTC No. 2, Deoria, vide judgment and order dated 12.11.2010 in S.T. No. 273 of 2003 relating to Case Crime No. 02 of 2003 for offences under sections 323/149, 147, 304/149 I.P.C., P.S. Khampar, District Deoria and sentenced to undergo one year simple imprisonment, six months simple imprisonment and eight years rigorous imprisonment with fine of Rs. 5000/ -each respectively. In default of payment of fine, three months additional imprisonment. All the sentences have been ordered to run concurrently.
(2.) THE trial proceeded against six accused persons, out of whom one accused Shiv Pujan died during pendency of the trial and remaining two accused Guddu and Chhotey Lal as per the Learned Counsel for the appellants were declared juvenile by the Court concerned. It has been submitted by the Learned Counsel for the appellants that according to the prosecution case six accused persons including three appellant on 1.12.2003 at 2:00 p.m. had beaten the deceased Bali Ram Gupta with Lathi and giving him blows of the hands which caused one head injury to the deceased. The deceased as a result of the said injury died on the next day while he was being taken for treatment.
(3.) AS per the post mortem report of the deceased, one contusion on the head with clotted blood having fracture on parietal bone was found. One abrasion was found on the wrist of the deceased.;