(1.) This appeal has been preferred against impugned judgment and order dated 27.10.1984 passed by learned Special Judge (E C Act)/Additional Sessions Judge, Kanpur in Session Trial No. 352 of 1982 (State v. Shambhu Nath and Ors), under Section 323/34 and 302 IPC, Police Station, Kanpur, whereby accused-appellants Shambhu Nath, Ram Ratan and Dishambhar Singh have been convicted under Section 323/34 of IPC and sentenced to undergo rigorous imprisonment for six months and along with fine of Rs. 500/- each. In default of payment of fine, they have to undergo three months additional rigorous imprisonment.
(2.) Heard Sri Avneesh Tripathi learned Amicus Curiae for accused-appellants and learned State counsel and perused record.
(3.) Prosecution version in brief is that 'first informant's cousin Rajendra Prasad was employed as peon in UPSIDC, Kanpur. Accused Ram Ratan and Smt Raj Dei are husband and wife whereas accused Sambhu Nath is brother of Raj Dei. On 20.06.1982 said Rajendra Prasad, his wife Ram Lali, Hari Ram and his uncle Ram Yagya were returning after seeing a movie and Ram Lali was having her seven months old girl in her lap. When they reached at the gate of officers colony, all the four accused persons confronted them by saying that why they were after them and thereafter hot talking took place between both the parties. Accused Ram Dei started assaulting Ram Lali with hands and fists. When her husband Rajendra Prasad tried to save his wife, remaining three accused persons namely Sambhu Nath, Ram Ratan and Dishambhar Singh started attacking Ram Lali and Rajendra Prasad with sticks. Resultantly, Rajendra Prasad, Ram Lali and her infant daughter sustained injuries.
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