JUDGMENT :

Heard Sri Shailendra Kumar Tripathi holding brief of Sri Abhinav Dwivedi, learned counsel for the appellants and Sri Sunil Kumar Tripathi, learned AGA appearing for the State.

2. This criminal appeal has been filed against the judgment and order dated 21.12.1988 passed by Special Judge (Essential Commodities Act), Farrukhabad in S.T. No. 113 of 1984 (State vs. Digamber Singh and three others) arising out of Case Crime No.7 of 1983 under Sections 302 IPC P.S. Thathiya, District Farrukhabad. As per status report filed by learned AGA, no government criminal appeal has been filed against the aforesaid acquittal order.

3. By the impugned order, the trial court has convicted accused appellants Digamber Singh, Bachchu Singh and Dhanpal Singh under Section 323 IPC read with Section 34 IPC and under Section 325 IPC read with Section 34 IPC and sentenced each accused under Section 323 IPC one year’s rigorous imprisonment with a fine of Rs. 1,000/-and under Section 325 IPC three years’ rigorous imprisonment with a fine of Rs. 2,000/-with default stipulation. The trial court has acquitted all accused of all the charges levelled against them under Section 302 IPC read with Section 34 IP