(1.) The present criminal appeal has been filed against the judgment and order dated 15.12.1997 passed 4th Additional Sessions Judge, Sultanpur, in Sessions Trial No.314 of 1992, whereby and whereunder the appellants/accused were found guilty under Sections 308/34 and 323/34 I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years, under Section 308/34 and one year rigorous imprisonment, under section 323/34.
(2.) The brief facts giving rise to the present criminal appeal are that on 21.06.1991 at about 1.30 in the day, the First Information Report was lodged by the complainant Rajesh Kumar Pandey with the allegation that due to certain property dispute, all the accused/appellants started to beat father of the complainant Baijnath and after hearing the noise his cousin brother Rakesh and other family members came to rescue. The matter was reported to the Police Station where it was registered and investigated. After investigation a chargesheet was submitted for which the learned court below took cognizance and charges were framed against the appellant. The appellant pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Baijnath, PW- 2 Rajesh Kumar, PW-3 Smt. Kiran Kali, PW-4 Dr. P.K. Singh, PW-5 S.I. Bhuvneshwar Rai, PW-6 Dr. B.K. Verma and PW-7 Shobh Nath Singh, were examined.
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