O. P. SRIVASTAVA, J.

This is an appeal from the judgment and order dated 29-3-1995, passed by the 1st Additional Sessions Judge, Unnao, convicting the appellants under Section 307 read with 34 I. P. C. and sentencing each of them to undergo rigorous imprisonment for one year.

2. The prosecution case, in brief, is that the accused appellants and one Raees inflicted injuries on the informant Ambika Prasad (P. W. 1) by means of Lathi and Danda on 27-6-1988 at about 10. 00 p. m. in the night. The F. I. R. regarding this incident was lodged at P. S. Kotwali, District Unnao in the same night at 10. 45 p. m. The injuries of Ambika Prasad were examined the same night at 11. 35 p. m. by Dr. J. Singh (P. W. 3 ). He found five lacerated wounds, one abraded and one contusion. Injuries other than Nos. 1 and 2 were found to be simple, X-ray of injury Nos. 1 and 2 was advised. On X-ray, the fracture on the parietal bone was detected. The case was registered in the G. D. During investigation, site plan was prepared and filed and the accused persons were charge sheeted under Sections 323, 325, 308,504 I. P. C. However, after commitment of the case to the Court of Sessions, the learned Additional Se

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