JUDGMENT :

1. The present appeal is preferred against judgment and order dated 18.12.1981 passed by Vth Additional Sessions Judge, Ballia in Session Trial No.64 of 1981, convicting and sentencing the appellant-Radha Mohan Rai under Section 323 read with Section 149 of the Indian Penal Code and Section 147 of the Indian Penal Code on probation for two years while suspending the sentence.

2. The present appeal has been filed by two Appellant's, namely, Radha Mohan Rai (Appellant no.1) and Ram Kripal (Appellant no.2). During the pendency of the appeal, Ram Kripal (Appellant no.2) has died and the present appeal is abated in respect of Appellant no.2 by order dated 01.02.2010.

3. The prosecution case as per the first information report is to the effect that Madan Rai-informant had enmity with Ram Chhabila Rai regarding taking meals together. Radha Mohan is relative of Ram Chabila. About one month prior to the incident, Ram Chabila Rai wanted some passage to his house through the courtyard of the informant and the informant had promised Ram Chabila Rai for passage from the eastern corner of his house but Ram Chabila Rai did not accept the same. There was a panchayat in respect of the afore