J.C.Misra, J. - (1.) This revision is directed against the order dated 15.7.1987 passed by Sri S.N. Pandey, VIIIth Additional Sessions Judge, Allahabad confirming the order dated 28.10.1986 passed by Sri. P.N. Misra. Judicial Magistrate, Allahabad, convicting the revisionist Ram Gulab, Bhai Lal, Shri Nath and Radhey Shyam under Section 323/34 Indian Penal Code and 325/34 Indian Penal Code and sentencing each of them to undergo six months R.I. and one year R.I. with Rs.100/- fine on the second count. Both sentences were directed to run concurrently. The incident took place on 27.4.1984 at about 11.30 a.m. When the revisionists assaulted the complainant Ram Charittar, Kamla Shankar, Surya Deo, Chandra Deo with Dandas and Katwasas. The report of the incident was ledged on the same date. The injured persons were medically examined. Kamla Shankar and Ram Anugrah had received four injuries each, while Surya Deo had sustained two injuries and Ram Charittar had received one injury. The radiologist detected fracture of Surya Deo.
(2.) The prosecution examined the complainant Ram Charittar and eye witnesses Kamla Shankar, Chandra Deo, Surya Deo, and Avadhesh etc. who supported the prosecution case. The case was investigated by S.I. Bihari Yadav. The injuries were examined by Dr. S.A. Ansari, Medical Officer.
(3.) The learned Magistrate found the prosecution case proved beyond shadow of doubt. He convicted and sentenced the accused accordingly as aforesaid. The appeal preferred by the revisionists was also dismissed and conviction and sentence was maintained. None appeared to press this revision. In the memo of revision it has been stated that the accused revisionist Ram Gulab had also received injuries during the incident and as the prosecution could not explain the injuries of accused, the revisionists were entitled to acquittal. ;