JUDGMENT :

Heard Sri Ajay Sengar, learned counsel for the appellants and Sri Sunil Kumar Tripathi, learned A.G.A. for the State.

2. This criminal appeal has been instituted against the judgement and order dated 15.09.1995 passed by Additional Sessions Judge, Lalitpur in Sessions Trial No. 64 of 1993, State of U.P. Vs. Ram Kishan and another, arising out of Case Crime No. 105 of 1909 u/s 308, 323 and 427 I.P.C., P.S.- Mahrauni, District- Lalitpur.

3. By the impugned order, the trial court has convicted the appellants, Ram Kishan and Gore Lal u/s 323 r/w 34 and 427 r/w 34 I.P.C. and sentenced them to one year rigorous imprisonment in both the sections. The trial court also directed that both the sentences shall run concurrently. The State has not filed any appeal against acquittal of the accused from the charge under Section 308 I.P.C. Thus, the judgment and order relating to acquittal of accused under Section 308 I.P.C. has become final.

4. Shorn of unnecessary details, the prosecution case in brief if that on 26.06.1990 at 4 pm near Chhayan Kumhairi Tiraha Road, Police Station Mahraun, the appellants-accused Ram Kishan and Gore Lal stopped the Bus No. U.T.P. 4113 and compelled the driv