JUDGMENT :

KRISHNA PRATAP SINGH, J.

1. This Criminal Appeal has been filed against a judgment and order dated 23.4.1986 passed by the learned District and Sessions Judge, Kanpur Nagar in ST No. 91 of 1984 whereby the learned Judge convicted and sentenced the appellants Chhotkau and Ram kishore to two years' rigorous imprisonment under Section 325/34 IPC and six months' rigorous imprisonment under Section 323/34 IPC. However, both the sentences were directed to run concurrently.

2. However, by the same order appellant-Raja Ram was also convicted under Sections 325/34 and 323/34 IPC, but keeping in view his old age, he was directed to be released on probation of good conduct for a period of two years on furnishing a personal bond of Rs. 4,000/-and two sureties of each amount to the satisfaction of the Magistrate concerned.

3. As appellant No. 3, Raja Ram died, the appeal filed on his behalf abated vide order dated 02.2.2015.

4. Brief facts of the case are that a written report was lodged by Devi Shanker at the police station Kakwan, district Kanpur Dehat to the effect that on 03.6.1981 at 5.00 PM, while he along with Raghubir Sahai were returning to their house from Khalihan, accused Raja