Paritosh K. Mukherjee, J. - (1.) -This criminal appeal arises out of judgment and order passed by the 'Ind Addl. Sessions Judge, Mirzapur dated April 10, 1979 in ST No. A-218 of 1978.
(2.) By the said judgment the learned IInd Addl. Sessions Judge, Mirzapur found the accused guilty of offence under Section 326 read with Section 34.of the Indian Penal Code and not under Section 307/34 of the said Indian Penal Code.
(3.) In the concluding portion of the said judgment the learned IInd Addl. Sessions Judge observed that the prosecution case against the four accused persons was fully established and there remains no doubt that the accused persons had common intention in assaulting Kamal Kumar Singh in a clandestine manner.;