R.P.Nigam, J. - (1.) This criminal appeal has been preferred by the appellants Mata Prasad and Bharat Ram against the judgment and order dated 14.3.1934 passed by Special Additional Sessions Judge, Faizabad in S.T. No. 248 of 1982, State v. Mata Prasad and others , by which the appellants were convicted under Section 307 I.P.C. read with Section 34 I.P.C. and 325 read with Section 34 I.P.C. and each of the appellant was sentenced to undergo three years rigorous imprisonment under Section 307 LP.C. read with Section 34 I P.C. and to undergo two years rigorous imprisonment under Section 325 I.P.C. read with Section 34 I.P.C. It was also ordered that the sentences of the appellants would run concurrently.
(2.) The case of the prosecution as disclosed in the written report Ex. Ka-1 lodged by Ram Pratap P.W.2 in the police station Inayatnagar, District Faizabad on 10.1.1982 at 10.05 A.M. is as follows:
(3.) Ram Pratap son of Ishwar Nath is the resident of Mawayee Kalan police station Inayatnagar district Faizabad. On 10.1.1982 at about 7,00 A.M. Udairaj and Ramakant who were home guards came and called Ashok Dutt, brother of Ram Pratap and had said to him to go to police station and therefore, Ashok Dutt had proceeded for police station and when he reached near Bhagipur Tubewell then data Prasad Dubey resident of village Para Inayatnagar and Bharat Ram son of Shitla Prasad resident of village Mawayee Kalan police station Inayatnagar came there and started assaulting Ashok Dutt by lathis and both the said home guards were giving exhortation and Ashok Dutt received several injuries and Naroh of right leg of Ashok Dutt was broken. Ram Pratap had kept Ashok Dutt on a cot and he and other person had taken him to the police station.;