- (1.) Heard Sri. A.B.L. Gaur, learned Senior Advocate, assisted by Sri. Saurabh Gour, Advocate, for revisionists and perused the record.
(2.) This revision has arisen from the judgment and order dated 28.8.1991 passed by Sri. D. D. Sharma, 3rd Additional Sessions Judge, Etah dismissing appeal of the revisionist Ram Gopal against conviction under Section 326, I.P.C., sentencing him to undergo rigorous imprisonment of two years and a fine of Rs. 1000/-, in default whereof he shall go further rigorous imprisonment for two months. The remaining revisionists have been acquitted for the charge under Section 326/34, I.P.C. but convicted under Section 323/34, I.P.C. and sentenced to undergo rigorous imprisonment for four months and a fine of Rs. 500/- each. In default in payment of fine revisionists 2, 3 and 4 are to further undergo rigorous imprisonment for one month.
(3.) The Trial Court vide judgment dated 14.12.1998 passed in Criminal Case No. 69 of 1988 convicted Ram Gopal, revisionist No. 1 under Sections 326 and 323/34, I.P.C. while rest of the revisionists were convicted under Sections 323/34 and 326/34, I.P.C. and all of them were punished with rigorous imprisonment of two years a and fine of Rs. 1000/- each and in default in payment of fine for a further imprisonment of two months.;