ROSHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi,j. The revisionists were convicted by Sri S. P. N. Asthana, the then 1st Additional Munsif Magistrate, Aligarh vide order dated 23-12-1982 passed in criminal case No. 855 of 1981 holding ac cused Murlidhar and Ram Prakash guilty under Sections 379,323 and 472, I. P. C. and awarding them sentence of six months' R. I. , three months' R. I. and two months' R. I. respectively and also sentenced the rest of the revisionists under Sections 379 and 427, I. P. C. for a period of six months' R. I. and two months' R. I. respectively.

(2.) ON appeal Sri V. S. Kulshreshtha the then learned Sessions Judge, Aligarh vide its order dated 8-3-1983 passed in Criminal Appeal No. 6 of 1983 (Roshan Lal and others v. State of U. P and another) set aside the sentence of accused Murlidhar and Ram Prakash under Section 323, I. P. C. and main tained the conviction of all the accused per sons under Sections 379 and 427, I. P. C. but instead of R. I. , sentenced them to pay a fine of Rs. 500/- under Section 379, I. P. C. and Rs. 200/-under Section 427, I. P. C.

(3.) THE prosecution examined Bihari Lal complainant (P. W. 1); Megh Singh (P. W. 2), Banwari Lal (P. W. 3) and Dalsher (P. W. 4) in order to prove the allegations made against the accused persons.