- (1.) Heard Sri Apul Mishra, learned Counsel for the revisionists and learned A.G.A. for respondents. The revisionist No. 2 has already died and, therefore, this revision has abated so far as revisionist No. 2 is concerned and presently is being considered in respect of revisionists No. 1 and 3 only, i.e., Shishupal Singh and Rajpal Singh.
(2.) The revisionists tried in Session Trial No. 171 of 1985 and were convicted by Sri A.K. Agrawal, Assistant Sessions Judge, Rampur vide judgment dated 25.8.1988. The Trial Court convicted revisionists under sections 323/34, 324/34, 325/34 and 307/34 IPC, sentencing each of them to three months rigorous imprisonment, two years rigorous imprisonment and five years rigorous imprisonment with fine of Rs. 500/-, and, in default of payment of fine, further to undergo six months rigorous imprisonment.
(3.) The revisionists preferred Criminal Appeal No. 51 of 1988, which was decided by Sri B.K. Srivastava, Sessions Judge, Rampur vide judgment dated 7.11.1988, who allowed appeal partly. The conviction of revisionists under section 307/34 IPC was set aside. Instead, revisionists were convicted under section 326/34 IPC and sentenced for three years rigorous imprisonment and fine of Rs. 500/-. In default of payment of fine, they were further to undergo rigorous imprisonment for six months rigorous imprisonment. The Trial Court's judgment regarding conviction and sentence under sections 323/34, 324/34 and 325/34 IPC was maintained. All the sentences were directed to run concurrently.;