- (1.) HEARD learned counsel for the appellants, learned A.G.A. for the State and perused the lower court record.
(2.) UNDER challenge in this appeal is the judgment and order dated 13.11.2007 passed by the learned Additional Sessions Judge, Court No. 7, Rae Bareli in Sessions Trial No. 121 of 2006 whereby the appellants Ghanshyam and Smt. Raj Kumari have been convicted for the offence under Sections 323/34 and 324/34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of six months and fine of Rs. 200/ - with default stipulation of one month rigorous imprisonment, for the offence under Section 323/34 I.P.C. and for the offence under Section 324/34 I.P.C., they have been sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 500/ - with default stipulation two months rigorous imprisonment.
(3.) BRIEF facts necessary for disposal of the instant appeal are as under: - The appellants are the husband and wife. They took their trial for the charge under Section 323/34 and 308/34 I.P.C. However, offence under Section 308/34 was found to be not made out. The case of the prosecution was that at about 5:30 p.m., the appellants along with their daughter Madhuri caused injuries with lathi, danda and axe to Ram Dulare and his wife Tarawati. F.I.R. of this was scribed by one Sajjan Bajpai and it was lodged on the same day at 20:30 hours. After investigation, the police submitted charge sheet only against the appellants and charge sheet was not filed against their daughter Madhuri. In order to prove its case, prosecution has examined PW -1 complainant Ram Dulare, injured, PW -2 Smt. Tarawati injured, PW -3 Dr. Santosh Kumar, PW -4 S.I. Arvind Raghav Shukla, PW -5 S.I. Jagat Bahadur Singh and Constable Mo. Sunder Shyam Dubey. The case of the defence was that the complainant side had caused injuries to the wife of Ghanshyam and in their defence, this false case has been concocted. In their defence, Ram Bachan, Pharmacist P.H.C. Kheri, District Rae Bareli. The trial court after evaluating the evidence on record, has convicted and sentenced the appellants as above, hence the instant appeal.;