KANT TRIPATHI,J. - (1.) BY this appeal the appellants Banwari Lal, Ram Singh, Chhote Lal @ Nepal and Tan Sukh have assailed their conviction and sentence recorded by Mr. V.K. Mishra, the Additional Sessions Judge, Court No. 10, Bareilly vide his judgment and order dated 26.2.2010 rendered in S.T. No. 1174 of 2007, State vs Banwari Lal and others, whereby the learned Additional Sessions Judge has convicted and sentenced each of the appellants to undergo rigorous imprisonment of four year, under sections 308/34 I.P.C.
(2.) THE prosecution story in brief is that the appellant no.4 Tan Sukh is the father of remaining three appellants Banwari Lal, Ram Singh and Chhote Lal @ Nepal. On 9.5.2006, at about 9.00 PM, injured Man Singh and the appellants had participated in a marriage party in their own village. On account of an old enmity, the appellants assaulted the injured Man Singh with lathi, danda and blunt portion of farsa, consequently, the injured Man Singh sustained injuries and became unconscious. The appellant Tan Sukh had farsa and remaining appellants had blunt weapons. The witnesses Ram Chandra s/o Kalloo and Ram Chandra s/o Braj Lal arrived at the place of occurrence and witnessed the occurrence. The complainant Munna Lal, the brother of the injured, lodged FIR Exhibit ka-4 at the police station Cantt. District Bareilly on 10.5.2006 at about 4.30 PM on which basis the police registered the case for investigation.
(3.) THE police got the injured Man Singh medially examined by PW-6 Dr. B.P. Bhardwaj,who found the following injuries: (i) One lacerated wound 4 cm x 0.5 x cm scalp deep on left side head 6 cm above left ear; (ii) One lacerated wound 2 cm x 0.5 cm x scalp deep on right side head 7 cm above right ear; (iii) One A C 6cm x 4 cm on outer aspect of left elbows; (iv) One abrasion 2 cm x 1 cm on outer aspect of left knee; (v) C/o pain on right side back of chest. ;