NATHU Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A.G.A. for the State.

(2.) The present appeal was filed by two appellants Nathu son of Chheda Lal and Ram Bir son of Nathu Singh challenging the judgment and order dated 2.5.1981 passed by the XIth Additional Sessions Judge, Etah in Sessions Trial No. 285 of 1978. The sentence awarded to the appellant is one year R.I. and fine of Rs. 1000/- under Section 323, I.P.C. The trial proceeded and charge framed against the two appellants was under Section 302 read with Section 34, I.P.C. The FIR. was registered under Section 304, I.P.C. on 8.10.1976 at 8.35 P.M. relating to an occurrence alleged to have taken place on 7.10.1976 at 6.00 P.M., at Police Station Jaithara, Sub-District Aliganj, District Etah.

(3.) The prosecution case as detailed in the FIR. was that at the relevant time Nathu son of Chheda Lal was 55 years and Ram Bir was aged about 17 years.