Mukteshwar Prasad, J. - (1.) Three accused namely Shahadat Ali, Nadir Mian and Bhurwa came up in appeal to this Court against the judgment and order-dated 30.5.1981 passed by Sri R.N. Agarwal, the then Additional Sessions Judge, Rampur whereby he convicted the appellants under Section 324 read with Section 34 I.P.C. and each of them was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 400 In default, they were ordered to undergo six months rigorous imprisonment.
(2.) Appellant No. 3 Bhurwa, son of Dhumai Khan, expired during pendency of this appeal.
(3.) In brief, the facts of the prosecution case leading to the prosecution of the appellants were as under:- P.W.1 Wazeer Khan, son of Amir Khan, handed over a written report in Urdu at P.S. Ganj, Rampur on 11.5.78. The local police registered a case at crime No. 145 under Sections 147, 148 and 307 I.P.C. at 5-30 P.M. It was alleged in the report that there was long standing enmity between the parties. The informant's brother Ateeq was killed by Bhurwa and others and the accused were convicted and sentenced. After their conviction, they were having ill will and animosity with the informant and members of the family.;