( 1 ) THIS is a criminal appeal against the judgment and order dated 30-6-1984 passed by Sri V. S. Bajpai, the then addl. Sessions Judge (Special Judge), nainital in S. T. No. 173/1983, State v. Nazir ahmad and Ishrat Ali, whereby the appellant no. 1-Nasir Ahmad and appellant No. 2-Ishrat ali were convicted and sentenced to undergo R. I. for a period of two years and to pay a fine of Rs. 500 under Section 324, ipc and 324/34, IPC respectively. In default of payment of fine, the appellants would further undergo R. I. for a period of six months.

( 2 ) THE prosecution case in a nutshell is that on 4-4-1982 at about 1 p. m. the injured-Om Prakash was going on a cycle from his shop to his house. When he reached near the Masjid in Mohalla Bansphoran, the front wheel of his cycle dashed the foot of the appellant-Nasir Ahmad. The appellant-Nasir Ahmad then pulled the complainant down from the cycle and started hurling abuses to him. The appellant-Ishrat Ali caught hold of the hands of the injured from back and the appellant-Nasir Ahmad gave him a knife blow near the chest, due to which the complainant fell down on the ground and became unconscious. Rajendra, Ramesh chandra and Babli had al

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