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Judgment

KHANNA, J. :- Ram Singh, Bhim Singh and Krishna Murari were tried in the court of Civil and Sessions Judge Kanpur, Bhim Singh was convicted under Section 398, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of seven years, while the other two appellants were convicted under Section 394 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of three years. On appeal the Allahabad High Court altered the conviction of Bhim Singh to that under Section 324 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 18 months. The conviction of Ram Singh and Krishna Murari was altered to that under Section 324 read with Section 34 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year. It was held by the High Court that on September 8, 1967 Bhim Singh appellant at the instigation of the two other appellants had caused hurt to Ram Sarup on the road behind Jaipuria House in Kanpur. The appellants thereafter came up in appeal to this Court by special leave.

2. An application was also filed on behalf of the appellants that they had com