JUDGMENT

P. Venkatarama Reddi, J.-The appellants Dashrath Singh and Raja Ram in these two appeals along with nine others stood trial in S.T.No. 495 of 1978 in the Court of the VIII Additional Sessions Judge, Kanpur. The incident giving rise to the prosecution, took place on 31.7.1977 at about 9 a.m. in the Village of Daya Ka Purwa within the limits of Akbarpur police station. One Pratap Singh son of Gajraj Singh (PW 4) was attacked with a Kanta (a fork like pointed weapon with a wooden handle), inflicting injury on his head. After a surgery and prolonged treatment, he died on 6.9.1977 at the hospital. Three other persons on the prosecution side also received simple injuries in the course of the same incident. There were also injuries to five accused persons including one of the appellants Dashrath.

2. The learned Sessions Judge convicted the appellant Raja Ram for the offence under Section 302 on the finding that he caused the fatal head injury resulting in the death of Pratap Singh. Raja Ram was also convicted under Sections 148, 323 & 324 read with Section 149 IPC. The appellant Dashrath was convicted under Section 302 read with Section 34 IPC. He was also convicted for the offence