This is an appeal against the judgment and order dated 14-11-1980 passed by Sri V. S. Kulshrestha, the then IVth Addl. Sessions Judge, Aligarh, in Sessions Trial No. 363 of 1978 convicting the appellants under Section 324/34, IPC and to pay a fine of Rs. 750/-each and under Section 323/34, IPC to pay a fine of Rs. 500/- each, in default nine months R. I. under Section 324/34, IPC and six months R. I. under Section 323/34, IPC and both the sentences making to run concurrently.

2. I have heard learned Counsel for the accused-appellants and learned Addl. Government Advocate and have also gone through the record. This appeal ought to be allowed.

3. Admittedly, an incident took place on 6-4-77 at 12 Noon regarding mendh in village Dhansari Ka Nala, police station Barla, district Aligarh. The prosecution FIR was lodged at the police station the same day at 3. 10 p. m. by Ram Swaroop (P. W. 2) against the present accused- appel lants Reoti, Megh Singh, Rajbir and Totaram, father of Reoti accused-appel lant, under Section 324, IPC.

4. From the side of the prosecution, there were three injured, namely Ram Swaroop, Ganga Dean and Nirmal. Their injury reports are on record. R