J.N. Takru, J. - (1.) Mahip, Budhhu, Rajju and Prahlad have filed this revision against the appellate judgment and order of the learned Sessions Judge of Ghazipur acquitting them Under Sec. 147 IPC but upholding their conviction and sentence of six months' R.I. each Under Sec. 323 read with Sec. 34 IPC.
(2.) The conviction of the Applicants is based upon the following findings which are final for the purposes of this revision: 1. that there was enmity between Sheo Shankar Singh and the Applicants on the one side and Ghandrika Singh, a nephew of Sheo Shankar Singh on the other. 2. that on 7 -8 -1964 at about 5 p.m. when Ram Badan Singh, a brother of Ghandrika Singh was returning home from his school along with his cousins Surajman and Janardan he was waylaid by the Applicants at the nala near village Shikarpur.
(3.) that on seeing Ram Badan Singh and his cousins, Mahip instigated his companions to beat them whereupon all the Applicants fell upon Ram Badan Singh with lathis, while his cousins managed to run away.;