Deo Narayan Thanvi, J. - (1.) This appeal is directed against the judgment of the learned District and Sessions Judge, Pratapgarh dated 17.5.1989 whereby while acquitting accused Bherulal, convicted the accused appellants Arjunlal, Girdhari, Nanda, Heeralal and Harlal under Section 307 Read with Section 149 Indian Penal Code. and were sentenced to three years rigorous imprisonment and to pay a fine of Rs. 2,000/- by each of the accused out of which 80% shall go to Kalu Ram and 20% to Shambhoo Lal. They were also convicted under Section 325 Read with Section 149 Indian Penal Code. and were sentenced to one year's rigorous imprisonment.
(2.) Charge against the accused-appellants was that on 7.3.1985, they formed an unlawful assembly at village Daulatpura and wrongfully restrained Kalu Ram and Shambhoo Lal and inflicted injuries on their persons, which were simple and grievous in nature by using blunt and sharp edged weapons. They were also charged for committing attempt to murder of Kalu Ram and Shambhoo Lal by inflicting injuries through ex., which were dangerous to life. The report of the incident Ex.P-4 was lodged. The police registered the case under Sections 148, 341, 323, 307 and 324 Indian Penal Code. and commenced investigation. After investigation, offence under Section 325 Indian Penal Code. was also added and charge-sheet was filed before the Judicial Magistrate, Nimbaheda who committed the case to the Court of Sessions. Learned Sessions Judge framed the Charges against the accused under Sections 148, 341, 323, 325 Read with Section 149, Section 307 Read with Section 149 and- 324 Read with Section 149 Indian Penal Code. to which all the accused pleaded not guilty. Prosecution examined 10 witnesses. Statement of accused were recorded under Section 313 Criminal Procedure Code They led no evidence in defence. After hearing the arguments, the learned Sessions Judge found that accused are guilty under Section 307 Read with Section 149 Indian Penal Code. and under Section 324 Read with Section 149 Indian Penal Code., therefore, there is no need to convict under Sections 324, 323 and 341 Read with Section 149 Indian Penal Code. Against this judgment, this appeal has been preferred.
(3.) I have heard the arguments of the learned counsel for the appellants and the learned Public Prosecutor and perused the record of the case.;