STATE OF U P Vs. DAMODAR PRASAD

JUDGEMENT

(1.) B. P. Singh, J. This is an appeal against the judgment and order dated 17-8-1978 passed by Shri P. P. Gupta, IV Additional Sessions Judge, Pilibit, in Sessions Trail No. 425 of 1977 - State v. Damodar Pd. and three others, under Section 307 IPC read with Section 34 I. P. C. , P. S. Bisalpur, district Pilibhit.

(2.) RAM Kumar, P. W.-1, Sia RAM P. W.-2 and Prahlad Prasad, P. W.-3 are real brothers. In 1972 Prahlad Prasad and Sia RAM had run a business of Bale in partnership with Jhamman Lal. When the accounting was done, some money was found due upon Jhamman Lal. On the failure of Jhamman Lal to pay the amount, a suit for recovery of money was filed by Sia RAM and Prahlad Prasad against Jhamman Lal in Niyaya Panchayat.

(3.) BOTH Sia Ram and Prahlad Prasad had sustained injuries. First, they were taken to the house and from there they were taken to the Police Station, Bisalpur where a report (Ext. Ka-1) of the occurrence was lodged by Ram Kumar P. W.-1. From P. S. Bisalpur, Sia Ram and Prahlad Prasad were sent to Civil Hospital, Pilibhit where they were medically examined by Dr. V. P. Agarwal, P. W.-4.