MUKTESHWAR PRASAD, J.

( 1 ) THIS criminal appeal by three accused is directed against the judgment and order-dated 8. 4. 1981 passed by Sri Krishna Kumar, the then Additional Sessions Judge, Shahjahanpur in ST. NO. 414 of 1979 whereby he convicted Dataram and Rishipal under Sections 323 and Section 324 read with Section 34 of the Penal Code and each of them was sentenced to suffer R. I. for a period of one year and two years respectively. The third accused Sonepal was found guilty under section 324 I. P. C. and Sections 323/34 I. P. C. and was directed to undergo rigorous imprisonment for a period of two years and one year respectively. Both the sentences of each of the accused were directed to run concurrently.

( 2 ) IN brief, the prosecution case was as under: PW 1 Budhpal son of Rameshwar is the first informant. Accused Dataram and Rishipal sons of ganga Prasad are real brothers. They had their third brother Shyam Pal whose wife was enticed away about ten months prior to the incident in question. The accused had a suspicion that budhpal was involved in abduction of the wife of Shyam Pal, and as such, the appellants were annoyed with the informant. The informant and accused were

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