JUDGMENT :

1. The assail in this appeal is to the judgement dated 31.3.1983 and order dated 2.4.1983 passed by Mr. S.S. Srivastava, Special Judge, Deoria in S.T. No. 132 of 1980 (State Vs. Ram Nain Singh & three Others) under Sections 323, 307, 34 IPC, whereby and whereunder accused-appellant Ram Prasanna Singh has been convicted under sections 307, 323 and 34 IPC and consequently, sentenced to four years rigorous imprisonment under section 307 IPC read with section 34 IPC and 6 months rigorous imprisonment under section 323 IPC. Both the sentences are to run concurrently. The other three accused (I) Ram Nain Singh (2) Ashok Singh and (3) Udai Pratap Singh were convicted under section 323 read with section 34 IPC but were acquitted for an offence under section 307 IPC. However, they were released on probation by granting benefit under Uttar Pradesh First Offenders' Probation Act, 1938. Hence the present appeal by only one convicted accused Ram Prasanna Singh.

2. Record reveals that an incident is alleged to have occurred on 2.3.1979 at around 7:30 am in village Rudrapur, District Deoria in which three persons from the side of informant namely (I) Ram Murti Singh (ii) Sukhraji and (ii