RANJANA PANDYA, J. - (1.) THIS revision has been preferred against the Judgment and order passed by the 7th Additional Sessions Judge, Kanpur City dated 30.4.1987 in Appeals No.90 of 1986 whereby the appellate court while dismissing the appeal, upheld the conviction of all the three accused but instead of sentence of two years rigorous imprisonment under Section 325 I.P.C. reduced the sentence to one year's rigorous imprisonment coupled with fine of Rs.100/ - and in default of payment of fine, further undergo rigorous imprisonment for one month, and also upheld the sentence of three months' rigorous imprisonment under Section 323, accordingly, dismissed the appeals.
(2.) THE accused Radhey Shyam and Tika have died during the pendency of the present revision. Thus, the revision is abated against the said accused. Brief facts of the case are that on 30.6.1976 at about 7.30 p.m., Bhagwandin, the father of the complainant Rajaram and Munni Lal, brother of the complainant, were returning home after doing the work. As soon as they reached near the house of Tula, the accused revisionist Radhey, Jhuri, Ram Bilas and Tikai assaulted both of them with lathi and dandas. On hue and cry being raised, Kunware, Tula and Sukkha reached the spot but the accused fled away. The bone of the father of the complainant was fractured and his brother Munni Lal sustained injuries. According to the complainant, he was having litigation with Ram Bilas, Jhuri and Radhey, which was decided in his favour due to which the accused persons, who were having inimical terms with the complainant, assaulted the father and brother of the complainant.
(3.) AN oral report was lodged at about 12.20 a.m. in the night. The injured were medically examined and a case under Sections 323, 325 I.P.C. was registered against the accused persons.;