JAGANNATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE appellants jagannath, Ram Swarup, Tokhey and Ghurra have been convicted under Section 326, read with Section 34, of the Indian Penal Code, and each of them has been sentenced to undergo rigorous imprisonment for a period of three years. They have also been convicted under Section 342, of the Indian Penal Code, and the sentence awarded for that is rigorous imprisonment for a term of six months each. The two sentences, however, have been made concurrent. This appeal is directed against these convictions and sentences.

(2.) THE learned. Counsel for the petitioner argued that the case made out was one under Section 324, of the Indian Penal Code, and not under Section 326, and therefore, the convictions of the appellants under Section 326 should be set aside and instead they should be convicted under Section 324 and the sentence should also be reduced. In order to appreciate this argument I would like to recite the injuries first. These are as follows:

(3.) THE conviction under Section 326 was, therefore, correctly recorded and the sentence does not require any reduction. The appeal is dismissed. The conviction of and the sentence awarded to the appellants are confirmed. They are on bail and shall surrender to the same.