(1.) THIS criminal appeal, preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 22.8.1998 passed by the Additional Sessions Judge Nainital in ST No. 544/96, State v. Ramnath and Ors., thereby convicting and sentencing the appellants/accused Ramnath, Sukhi Singh, Balbir Singh, Madan Singh, Kripal Singh, Bhole, Jagdev, Prem Singh, Radhey Shyam and Jagdish Under Section 147 IPC to undergo six months' R.I.; Under Section 323/149 IPC to undergo three months' R.I. for causing simple injuries to PW1 and to undergo further three months' R.I. under Section 323/149 IPC for causing simple injuries to PW2. Appellant/accused Kripal Singh was further convicted and sentenced to undergo R.I. for two years Under Section 392 IPC. All the sentences of each of the accused/accused were acquitted of the charges under Section 395/397 and 307/149 IPC.
(2.) HEARD learned Counsel for the parties and perused the entire material available on record.
(3.) AFTER that the case was committed to the court of sessions on 28.9.1996 by J.M. Khatima.