Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 13.07.2000 passed by VIIIth Additional Sessions Judge, Faizabad, in Sessions Trial No.43 of 1993, arising out of Case Crime No.62 of 1991, whereby and whereunder the appellant/accused Ram Milan was found guilty under Sections 325 I.P.C and sentenced to rigorous imprisonment for a period of two years and fine of Rs.500/-, in default of payment of fine, he has further undergo three months rigorous imprisonment and appellant Lalman is sentenced to rigorous imprisonment for a period of six months, under Section 323 read with Section 34 I.P.C
(2.) The brief facts giving rise to the present criminal appeal is that on 29.06.1991 at about 3.00 P.M. in the day when the complainant Raja Shanker Tiwari, and his son Umesh Chandra were in the field for nature call, the accused appellants, Ram Milan with other accused Lalman came there and caused injury with Lathi. The matter was reported to the Police Station where it was registered and investigated. After investigation a chargesheet was submitted against the appellant, in which the learned court below took cognizance and charges were framed against the appellants. The appellants pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Raja Shankar, PW- 2 Umesh Chandra Tiwari, PW-3 Smt. Shail Kumari, PW-4 Dr. S.K.Tyagi, PW-5 Head Moharrir-Mahadev Prasad Chauhan, PW-6 S.I. Kedar Nath Pandey and PW-7 Dr. S.K. Srivastava were examined.;