Ram Prasanna Sharma, J. - (1.) This appeal is directed against the judgment dated 29.12.2008 passed by Additional Sessions Judge (FTC), Pratappur, Sessions Division Surguja (CG) in Session Trial No.438/2004 wherein the said Court convicted all the appellants for commission of offence under Sections 147 and 324 read with Section 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year ; RI for two years and to pay fine of Rs.500/- each with default stipulation. In addition to that appellant Rakesh Shrivastava has been convicted for the offence under Sections 148 of the IPC and under Section 25(1B) (b) of the Arms Act, 1959 and sentenced him to undergo RI for one year; RI for one year and to pay fine of Rs.500/- with default stipulations.
(2.) In the present case, date of offence is 08.02.2004. It is alleged that all the appellants after forming unlawful assembly having deadly weapon assaulted Biju Dasan, Pradeep Singh, Shamser Singh and Bikesh Jaiswal and caused incised wounds on the body of the all the four injured. The matter was reported to Police Station Pratappur and the appellants were charge sheeted and after the trial, they were convicted as mentioned above.
(3.) Learned counsel for the appellants submits as under: (i) Biju Dasan (PW-7) who lodged FIR has not supported the version of the prosecution and turned hostile, therefore, finding of the trial Court is not sustainable. (ii) There is material contradiction in the statement of Biju Dasan (PW-7) and Asst. Sub Inspector KS Tiwari (PW-3) and there is difference in the statement of Bikesh Jaiswal (PW-1) and seizure memo prepared by the investigating officer. Therefore, seizure of the article as alleged is not established. (iii) The trial Court has overlooked the material contradictions and omissions in the statements of prosecution witnesses, therefore, benefit of doubt should have been given to the appellants.;