BHARAT BHUSHAN,J. - (1.) Heard Sri Shashwat Shukla, learned counsel for revisionists, Jaipal and Veer Singh and learned A.G.A. on behalf of State. The revisionist no. 3 had died, therefore, his revision is abated. The revision filed by revisionists Jaipal and Veer Singh survives.
(2.) This criminal revision is directed against the judgment and appellate order dated 24.9.1990 partly dismissing the Criminal Appeal No. 7 of 1990 (Jai Pal Singh and others v. State of U.P. and others) against the judgment and order dated 6.3.1990 passed by Assistant Sessions Judge, Kanpur Dehat in Sessions Trial No. 103 of 1988 (State v. Jaipal Singh and others) under Sections 308, 323, 504 & 506 I.P.C., P.S. Ghatampur, District Kanpur Dehat whereby all three revisionists were convicted under Section 307 I.P.C. read with Section 34 and 323 I.P.C. and sentenced to undergo rigorous imprisonment of four years in Section 307 I.P.C., read with Section 34 I.P.C. along with fine of Rs. 200 each with default stipulation. And further period of one year rigorous imprisonment under Section 323 I.P.C. along with fine of Rs. 200/- with default stipulation.
(3.) It appears that on 14th August, 1987 at about 4 pm. in the village Varauli, P.S. Ghatampur, District Kanpur Dehat revisionists, Jaipal, Veer Singh and late Ram Kumar caused lathi blows upon one Vishwanath resulting in several injuries to his person. Initially non cognisable report was lodged on 14.8.1987 under Sections 323, 504, 506 I.P.C. later on it was converted into an offence under Section 307 I.P.C. The matter was investigated and thereafter a charge sheet in Crime No. 333 under Sections 308, 323, 504 and 506 I.P.C. was submitted. The case was committed to the court of Sessions. The learned Assistant Sessions Judge, framed charges against the accused persons under Sections 307, 308 read with Section 34 I.P.C, 504, 506 and 323 I.P.C. The revisionists/accused persons denied the charges and claimed to be tried.;