SURENDRA VIKRAM SINGH RATHORE, J. - (1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 15.03.2003 passed by Additional Sessions Judge, Court No.32, Barabanki in Sessions Trial No. 347 of 2001, arising out of Case Crime No. 115 of 2000, Police Station Asandhara, District Barabanki, whereby all the appellants were convicted for the offence under Sections 323/34, 325/34 and 307/34 IPC and were sentenced as under: - (i) Under Section 323 r/w Section 34 IPC - Three months' rigorous imprisonment; (ii) Under Section 325 r/w Section 34 IPC - Two years' rigorous imprisonment and also with fine of Rs.1000/ - each; (iii) Under Section 307 r/w Section 34 IPC - Five years' rigorous imprisonment and also with fine of Rs.2000/ - each; In default of payment of fine amount, the appellants were sentenced to undergo simple imprisonment for a period of six months. All the sentences were directed to run concurrently.
(2.) IN brief, the case of the prosecution was that the complainant Surya Lal Verma lodged a first information report at Police Station Asandhara on 26.09.2000 alleging therein that his brother Chandra Kishore had gone to repair the "Pully" of his well on 20.09.2000 at about 8.00 AM. When he was repairing the said Pully, then the appellants armed with lathies reached there and with intention to kill Chandra Kishore, caused injuries with lathies and also abused him. Hearing the noise of Chandra Kishore, the complainant, his brother Srikrishna rushed towards the place of incident then the accused persons caused injuries to Srikrishna and also to the complainant. Hearing the noise, Keshavram, Naseem, Vinay Kumar and other persons of the village reached there, who rescued the complainant side. It was alleged that Chandra Kishore and Srikrishna received serious injuries while the complainant Surya Lal had received simple injuries. Because of seriousness of the injuries, the injured persons were taken to the District Hospital, Barabanki, where they were under treatment and the first information report of this case was lodged on 26.09.2000 at 1710 hours when the condition of the injured persons improved.
(3.) MEDICAL examination of injured Chandra Kishore took place on 20.09.2000 at 10.30 AM and the following injuries were found on his person: - (i) Lacerated wound 7.00 cm x 1.00 cm bone deep left side scalp 7.5 cm above left ear. (ii) Contused swelling on upper half left forearm including elbow. The patient was admitted. Duration of the injuries was fresh and were caused by hard and blunt object. Injured Srikrishna received following injuries: - (i) Contusion 8.00 cm x 2.00 cm on lateral aspect of left shoulder 10.00 cm below tip of left shoulder. (ii) Abraded contused swelling on dorsem of left wrist and hand. Injuries were fresh and were caused by hard and blunt object. In the X -ray report of injured Chandra Kishore, fracture of left parietal bone was found. However, in the X -ray report of Srikrishna, fracture of third metacarpal bone was found. No medical examination of the complainant is on record. ;