JUDGMENT

A.N. Dikshita J. This appeal has been filed by Mustaq and Pratap against the judgment and order dated 22.3.1979 passed by Sri J.P. Sharma, 4th Additional Sessions Judge, Banda. By the impugned order Mustaq has been convicted under section 323 and section 323/34 I.P.C' and sentenced to one year's R.I. and a fine of Rs. 1000/- and in default of payment of fine six months' further rigorous. Imprisonment while Pratap has been convicted under sections 323/34 I.P.C. and sentenced to six months R.I. and a fine of Rs. 500/- and if default of payment of fine four months' further rigorous imprisonment.

2. The prosecution case, in brief, is as follows: Mustaq appellant is a neighbour of the complainant Ali Hasan and is also nephew. Both of them have their housel in village Saya P.S Bisenda direct Benda. On 11.5.1976 at about 6.00 P.M. when Ali Hasan returned to his house after doing his work in fields he saw that his daughter Rukhsana aged above 5 years and Suleman aged about 6 years were quarrelling amongst themselves. Both the children were separated and reprimanded by Ali Hasan. After sometime Mushtaq appellant brother of Suleman along with the other appellant Pratap came armed wi