JUDGMENT :

Raj Beer Singh, J.

1. This appeal has been preferred against judgment and order dated 31.08.1994, passed by learned IVth Additional Sessions Judge, Jaunpur, in Session Trial No. 10 of 1991 (State vs. Amroo @ Amar Bahadur & three others), under Sections 308/34, 323/34, 325/34 Indian Penal Code (hereinafter referred as I.P.C.), Police Station Jafrabad, Jaunpur, whereby all the four accused-appellants namely Amroo @ Amar Bahadur, Munni Lal, Ram Murat Yadav and Ram Surat have been convicted under Section 323/34, 325/34 and 308/34 I.P.C. However, they were sentenced only under Section 308/34 I.P.C. for imprisonment of three years rigorous imprisonment. No separate sentence was passed for offences under Sections 323/34 and 325/34 I.P.C.

2. During pendency of appeal, accused-appellant no.1 Munni Lal has passed away, thus, his appeal was abated. Now the instant appeal is confined only in respect of appellant Ram Murat Yadav, Ram Surat and Amroo @ Amar Bahadur.

3. Prosecution version is that on 19.08.1989 at about 10:00 PM, PW 2 Chandra Kesh Pandey went at the shop of accused Munni Lal and complained that their animals have grazed in his field. On this, all the accused persons starte