- (1.) Although this case has been listed on the second bail application of Ram Lal, but with the consent of both the parties this appeal is being decided finally.
(2.) The appellants, Ram Lal and Bhuvan, are aggrieved by the judgment dated 21.06.2010 passed by the Additional Sessions Judge, Pratapgarh whereby the learned Judge has convicted both the appellants for offences under Sections 341 and 302 read with Section 34 IPC. For the former offence, the learned Judge has sentenced them to one month of simple imprisonment; for the latter offence the learned Judge has sentenced them to life imprisonment and has imposed them with a fine of Rs.2,000/- each, and has further directed them to FloatingFrame FloatingFrame undergo one year of rigorous imprisonment in default thereof.
(3.) In brief the facts of the case are that on 15.04.2008, Ghanshyam (P.W.5) submitted an oral information to the police at the Pratapgarh Hospital, wherein he claimed that in the day time he had gone to village Jathiyakher. In the evening around 6:00 PM he had gone to village Mowai. Around 7:30 PM, he and Suresh were going on a motorcycle from village Mowai to village Diwala. While they were going to Diwala, one Dinesh was going on a bicycle in front of them. As soon as they turned on the road towards Diwala, Bhuvan and Ram Lal (the appellants), suddenly came on the road and stopped them.;