Naseemuddin, J. - (1.) This appeal has been filed by Phudiki alias Badlu S/o Balai, Jhinkau S/o Balai Kahar, Barkau S/o Phudiki and Kedar S/o Bhagelu against the judgment and order dated 30.11.1983 passed by Sri S. C. Srivastava, the then IInd Additional Sessions Judge, Sultanpur in S.T. No. 102 of 1983 whereby the Appellants were convicted for an offence punishable under Sections 308/34, 325/34 and 323/34, Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a term of six years, three years and six months respectively. All the sentences were ordered to run concurrently.
(2.) Learned Counsel for the Appellants and counsel for the State were heard.
(3.) On 16.9.1981 at about 15.20 hours, P.W. 1 Ram Prasad lodged a report with police-station Dostpur, district Sultanpur against four named Appellants alleging that about 9-10 a.m., Appellants armed with lathis started inflicting lathi blows on his son P.W. 2 Ram Ujagir. That on his cries, he rushed to rescue his son but he was also beaten by the four Appellants. That the occurrence was witnessed by Lalji Singh (P.W. 3), Ram Sumer Yadav and Ranjit Singh who saved the two persons. That the Marha and Jagat of the well belonging to P.W. 1 Ram Prasad was destroyed. On the basis of this F.I.R. Ext. Ka-1 Chick report Ext. Ka-5 was prepared and a case was registered. The injured Ram Prasad and Ram Ujagir were examined at the Primary Health Centre, Dostpur medically. After completion of investigation charge-sheet was submitted. The Appellants were charged with the above offences. The prosecution produced P.W. 1 Ram Prasad, P.W. 2 Ram Ujagir and P.W. 3 Lalji Singh on the factum, of occurrence to prove the case and also examined P.W. 4 Raja Ram Upadhyaya Investigating Officer, P.W. 5 Dr. A. C. Srivastava and P.W. 6 Dr. O. P. Sharma to prove the injuries. In defence various papers were filed. The case taken up by the Appellants before the trial court is also contained in the report which they had lodged at 13.30 hours on the same day in respect of this occurrence which was also alleged to have taken place in this F.I.R. at 10 a.m. In this F.I.R. (Ext. Kha-4) it was alleged by Phudiki Appellant that Ram Prasad, Ram Ujagir and other two named persons had assaulted the Appellants and others while Chakbandi Qanungo had come for the purpose of Partal and that the occurrence had taken place at the instance of P. Ws. 1 and 2, etc. when the Qanungo had uttered words in favour of the Appellants regarding the possession and title of property over which the occurrence is said to have take place. They also filed the injury reports and examined four witnesses to prove the injuries and their case. The trial court discussed the evidence of the two sides and concluded that the possession over the disputed property was that of Ram Prasad and others and, therefore, the occurrence had taken place at the instance of the Appellants and so held them guilty and convicted and sentenced as above. Feeling aggrieved present appeal has been filed.;