K.K. Birla, A.S. Tripathi, J. - (1.) This appeal has been preferred against the acquittal of the respondents.
(2.) Sarvasri Amar Nath, Babu, Bhola and Ram Asrey were charged under Section 307/149 I.P.C. while Nauni Ram accused was charged under Section 148 and 307 I.P.C. The learned Addl. Sessions Judge acquitted all the accused of these charges but convicted Sri Nauni Ram accused under Section 323 I.P.C. Hence this appeal has been preferred against the acquittal of the respondents for the offence mentioned above.
(3.) In brief, Smt. Kalwati P.W. 3 had filed a Civil Suit some days before the occurrence, against Nauni Ram regarding the Chabutara in front of the house of Nauni Ram. According to the prosecution case on 7.12.91 at about 5 or 6 p.m. all the accused out of whom Nauni is alleged to be armed with Tamancha and the rem aning accused with lathis, abused Smt. Kalewati and started assaulting her. On her alarm, her son Shyam Babu P.W. 2, Lala Ram P.W. 4 Ram Swaroop and others also came and interferred. On medical examination, injuries were found on the person of Smt. Kalwati and Shyam Babu examined by Dr. R.C. Sachan P.W. 5.;