(1.) This appeal has been preferred against the judgement and order dtd. 21/1/2012 passed by Additional Sessions Judge, Court No.3, Etawah in S.T. No.16 of 2016 (State of U.P. Vs. Kallu Bhadauria and others) arising out of Case Crime No.54 of 2004, under Sec. 323 read with Sec. 34 IPC, Police Station-Barhpura, District- Etawah, by which appellants were convicted and sentenced under Sec. 323 read with Sec. 34 IPC for one year rigorous imprisonment whereas the appellants were acquitted under Sec. 307 read with 34 IPC.
(2.) The charge was framed under Sec. 307 read with Sec. 34 IPC against all the appellants. After conclusion of the trial, learned trial court found that no offence under Sec. 307 IPC is made out against the appellants and they were convicted and sentenced under Sec. 323 IPC read with Sec. 34 IPC.
(3.) Heard Shri Anurag Shukla, learned counsel for the appellants, Shri S.S. Sachan, learned AGA for the State and perused the record.