JUDGMENT

Ghulam Hasan, J - 1. Balak Ram, 2. Mewa Ram, 3. Ram Chakkar and 4. Sardar, residents of village Uliyapur, police station Mitauli, District Kheri, have preferred this revision petition against their convictions and sentences passed by the Assistant Sessions Judge of Kheri under Sections 211, 342 and 323, Penal Code, which were upheld in appeal by the Additional Sessions Judge. The facts leading to their convictions are as follows: Ram Bilas (P.W. 2) and Ram Swarup (P.W. 12) are the sons of Ram Din (P.W. 5). Ram Bilas is married to a woman by the name of Mt. Ram Chandri, who is the daughter of Tilak Ram (P.W. 13). Ram Chandri's mother's sister was married to Ram Dayal, who is a brother of Murlidhar, the father of Balak Ram accused. Ram Bilas and Ram Swarup were arrested some time in 1939 in connexion with a dacoity. Four or five days after the arrest Balak Ram is alleged to have taken Ram Chandri to his house with the permission of Ram Din. Ram Bilas was released on bail. According to the prosecution case Balak Ram's wedded wife deserted him some years ago and lives with her parents in a village called Bilaiya. Ram Chandri also used to go to her maternal uncle Gajodhar's house in Rajwapur. It is stated that in Jeth she went to Gajodhar's house and from there to Balak Ram's house. When Ram Bilas came to his house after his release he learnt that his wife was staying with Balak Ram. Accordingly he sent Tilak Ram and Gajodhar to fetch her from Balak Ram's house but he refused to send her. Tilak Ram and Gajodhar on return informed Ram Bilas that a son was born to his wife and they suspected Balak Ram of evil intentions towards her.

2. Ram Swarup was released later and when he came back he sought the intervention of one Debi Sahai of Amrelia village for securing the return of Ram Chandri. Debi Sahai's sister is married to Ram Chakkar accused. Debi Sahai agreed to help Ram Swarup on some remuneration, which was paid to him. Both Ram Swarup and Debi Sahai then started on 31st December 1939 for the village where Balak Ram and the other accused lived. Debi Sahai left Ram Swarup in an Arhar field outside the village asking him to wait till he brought Ram Chandri. This happened at about 8 A.M. After a short time Debi Sahai returned with Ram Chandri to the Arhar field where Ram Swarup was waiting. Hardly had Ram Swarup and Debi Sahai started with the woman when the four accused arrived and began to beat Ram Swarup. Debi Sahai ran away. The woman had hid herself in a field but she was soon secured by Mewa Ram accused. The four accused then brought back Mt. Ram Chandri and Ram Swarup to Balak Ram's house. Balak Ram is alleged to have confined Ram Swarup in the house and later taken him to the police station, where Balak Ram made a report (Ex. 1) against Ram Swarup to the effect that he was found along with 18 or 20 dacoits prowling about his house about 8 or 9 in the evening before and was hiding himself in a jungle, that he (Balak Ram) combed the jungle next morning and found that the dacoits had disappeared and Ram Swarup alone was left behind. The station officer questioned Ram Swarup who gave a different tale. He stated that he had come along with Debi Sahai to take his brother's wife and that the woman had given birth to a child in Balak Ram's house. The Sub-Inspector on looking into the birth register (Ex. 5) found that a child was noted to have been born to Balak Ram accused on 16th October 1939. The station officer then recorded the version of Ram Swarup as the first information report (vide Ex. 3). He released Ram Swarup on a personal bond and took into custody all the four accused. The accused were subsequently released on bail.

3. Mewa Ram accused is the first cousin of Ram Chakkar, a nephew of Balak Ram. Sardar accused does not appear to be related to Balak Ram. The accused filed a joint written statement and denied the fact that Ram Chandri ever came to the house of Balak Ram or that she had ever illicit connexion with h