R.L.Gupta, J. - (1.) Petitioner Kamal Singh has been convicted under section 326 I.P.C. and sentenced to rigorous imprisonment for two years, petitioner Shyodan his been convicted under section 323 I.P.C. and was sentenced to pay a fine of Rs. 200/-, in default of payment of fine to undergo two months' simple imprisonment and the petitioner Vijay Singh has been convicted under section 323 I.P.C. but instead of sentence he was given the benefit of the provisions of Probation of Offenders Act by the learned Sessions Judge, Bharatpur by his judgment dated 10.10.1972. Aggrieved by their conviction and sentence the petitioners have preferred this revision petition.
(2.) In brief, the facts of the prosecution case are that on 18.3.1968 Bhondu along with his cousins Chokhey and Jagannath was cutting the gram crop standing in Khasra No. 714 in Mauja Usarani. The petitioners armed with Lathis and Farsi reached there and objected to the harvesting of the crop. They asked them to stop harvesting. On refusal from the complainant side the petitioners attacked the complainant party. During this Bhondu, Jagannath and Ghokhey received injuries. Bhondu lodged the report at the Police Station Kumher on the same day at about 10.00 a.m. The Police after investigation challaned the accused under sections 307 and 326 read with Section 34 I.P.C.in the court of Addl. Munsif Magistrate, Bharatpur, who committed the petitioners for trial under section 307 I.P.C. to the court of Sessions Judge, Bharatpur. The case was transferred to the court of Asstt. Sessions Judge, Bharatpur for trial. After trial the Asstt. Sessions Judge convicted and sentenced the petitioner Kamal Singh under section 326 I.P.C. to two Years' rigorous imprisonment, Shyodan was convicted under section 323 I.P.C. and was sentenced to rigorous imprisonment for three months and the petitioner Vijay Singh was convicted under section 323 I.P.C. but he was given the benefit of the provisions of Probation of Offenders Act.
(3.) An appeal was preferred by the petitioners which was rejected by the learned Sessions Judge. He, however, reduced the sentence imposed upon Shyodan Singh from imprisonment for three months to one of fine of Rs. 200/- only, in default of payment of fine to undergo simple imprisonment for two months.;