JASWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. A. Misra, J. Heard learned counsel for the parties and have through the record.

(2.) THE accused appellants Jaswant and Radhey Lal have preferred this appeal against the judgment and order dated 10-2-1982 passed by I Addl. District and Sessions Judge, Barabanki convicting them under Section 325 read with Section 34, I. P. C. and sentencing each one of them to undergo R. I. for a period of 3 years, for having assaulted Kali Charan and Bachchoo Lal and further convicting and sentencing the accused-appellant Radhey Lal under Section 323, I. P. C. and sentencing him to undergo R. I. for a period of 3 months for having caused hurt to Kali Charan with the directions that both the sentences shall run concurrently.

(3.) MUNNA, P. W. 2 is a labourer who was going to transplant paddy in the village of Bachchoo Lal. He swears to have seen the occurrence wherein the accused caused lathi and danda injuries to Kali Charan and Bachchoo Lal. He has been fully cross-examined but nothing has been pointed out which may go to discredit his testimony. Learned Judge who had the advantage of watch ing the demeanour of the witnesses, has believed him and I see no reason to disagree with the conclusion arrived at by him.