G.S.N. Tripathi, J. - (1.) Accused Ram Gopal, Babu Singh and Ram Autar Singh (Babbu Singh Ram Autar Singh have been taken into custody and Ram Gopal is still at large) were convicted on the charge under Section 325/34 I.P.C. and sentenced to undergo two years' R.I. They were further convicted on the charge under Section 323/34 IPC and sentenced to pay a fine of Rs. 250/-in default of payment of fine, further RI for a period of three months was awarded. Whereas Ram Gopal was ordered to be released on probation under Section 4 of the U.P. First Offenders Probation Act, provided he filled a bond with two sureties of Rs. 2,000/- each for a period of two years to keep peace and be of good behaviour. During that period if he fulfilled that condition the sentence shall stand remitted. By the same judgment, co-accused Kamal Singh and Ramesh Singh were given benefit of doubt and were acquitted.
(2.) The prosecution case started on the basis of F.I.R. dated 28.2.75 lodged by lndra Pal Singh at P.S. Kotwali, Banda at 5.30 P.M. The incident had taken place on the same day at 1.30 p.m. He has alleged that he had enmity with Ram Gopal Singh accused. On the date of incident, the complainant's son Bhagwan Deen Singh was working in his Khalihan. The accused Ram Gopal, Babbu Singh and Ram Autar (Appellants) and Ramesh Singh (acquitted) are real brothers. Kamal Singh (acquitted) is the son of Ram Gopal. They arrived there armed with lathies and started as,saulting Bhagwan Deen Singh. Hearing the alarm, complainant Bhura Singh and Deevan Singh reached the spot and saw the incident. Thereafter, the accused bolted away, there were injuries on the head of Bhagwan Deen. He fell down and was bleeding from the head injuries. Bhagwan Deen Singh was not in a position to speak. His condition was serious. He had been lodged in the District Hospital and thereafter, the complainant had come to the P.S. to report aboucthe matter.
(3.) Ram Gopal was medically examined on 28.2.75 at 4.15 P.M. He had received as many as 14 injuries as noted by the learned Addl. Sessions Judge in his judgment. After usual investigation, a charge-sheet was laid.;