( 1 ) SADHU alias Ram Dhan and Lalji, appellants have been convicted and sentenced under Section 307/34, I. P. C. to undergo R. I. for 6 years by order dated 23-12-1974 passed by IV Additional sessions Judge, Allahabad.

( 2 ) THE occurrence took place on 7-6-1969 at about 2. 30 P. M. in the grove of Kali Charan within the limits of village Jhusi. One Masuriadin was mercilessly assaulted by the 2 appellants with lathis and two other persons Sheo Baran and Nanku. 33 injuries caused by blunt weapons were found on the person of Masuriadin. Bones of his right and left fore-arms were fractured. Report of the occurrence was lodged at 5 P. M. at the police station Sarai Inayet which is 4 miles from the scene of occurrence.

( 3 ) SHEO Baran and Nanku were prosecuted and tried along with the appellants. They were acquitted by the learned trial Judge because there was discrepancy in the evidence of the prosecution witnesses in respect of the weapon which they used in the assault on Masuriadin.

( 4 ) THE prosecution examined Masuriadin, Phool Chand and Baladin to prove its case on facts. Bala Din was, however, declared hostile. The applicants and their companions did not admit t