JUDGMENT :

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

2. This criminal appeal has been filed against the judgement and order dated 29.08.1995 passed by VIIIth Additional Sessions Judge, Mathura, in Sessions Trial No. 12 of 1992, State of U.P. Vs. Gopal Dass and Others arising out of Case Crime No. 120 of 1990, Police Station-Vrindavan, District- Mathura.

3. By the impugned order, the trial court has convicted the appellants, Gopal Dass, Lala, Munna and Ravi u/s 308 I.P.C. and sentenced them to three years rigorous imprisonment. During pendency of the criminal appeal, appellant, Gopal Dass died and the criminal appeal qua appellant, Gopal Dass, was abated vide order dated 12.10.2022 of the Court. Thus, this appeal remains only qua appellant nos. 2, 3 and 4 namely, Lala, Munna and Ravi.

4. The prosecution case in brief is that on 31.03.1990 at 8.30 a.m., near Gopal Bhawan Bari Kunj in front of the house of Purushottam, accused Gopal Dass S/O Mihi Lal, Munna, Lala and Ravi, all sons of Gopal Dass, resident of Seva Kunj, Police Station-Vrindavan, District-Mathura, surrounded Chailbihari Sharma, and beat him with