1. Heard learned counsel for the appellants and learned A.G.A. for the State of U.P. and perused the record.
2. The instant Criminal Appeal under Section 374 (2), Cr.P.C. has been filed by the accused/appellants namely Ram Chander and Gola, both sons of Raghunandan, challenging the judgment and order 27.03.2008 passed by HJS/Additional Sessions Judge/FTC-1, Lucknow in Session Trial No.22 of 2006, arising out of Case Crime No.551 of 1999, Police Station-Gazipur, District- Lucknow, convicting and sentencing the appellants under Section 323/34 I.P.C. to undergo six months rigorous imprisonment alongwith fine of Rs. 500/- each, with default stipulation.
3. The case of the prosecution, in nutshell, according to the complainant Nand Lal, who gave a typewritten complaint on 10.08.1999 to the police station Ghazipur, Lucknow, it is to the effect that on 07.08.1999 at about 7 p.m., Ram Chander, Bhola and Sukhai, all brothers, r/o his village i.e. same village namely Begum-Durtha, P.S.-Ghazipur, District-Lucknow, armed with sticks (Lathi and Danda) and iron rods, entered in his house with a conspiracy and assaulted/attacked his son (Ram Narain) with the intention to kill him, due to which he sustained injuries and fell down and all the accused ran away presuming that his son has died. On the basis of the complaint, a case was registered against the accused under Section 452/308/323 IPC.
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