Sheo Kumar Singh, J. - (1.) This instant Criminal Appeal under Section 374(2) Cr.P.C. has been filed against judgment and order dated 25.5.1999 passed by IIIrd Additional Session Judge, Hardoi in Session Trial No. 123 of 1994 whereby and whereunder the accused appellants Jai Pal Singh, Ramesh Singh, Mahesh Singh and Prem Pal Singh were found guilty under Section 326/34 IPC and were sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 2000/- each and in default of payment of fine, they shall further undergo to imprisonment for a period of one year.
(2.) The brief facts giving rise to the present appeal is that there are dispute with land between the parties and the case was pending in the competent court. On 28.9.1991 at about 6.00 P.M. the complainant Rajeshwar Singh was sitting in front of shop of Ram Gopal on a cot and Ram Gopal was sitting with him. Sri Ram Sharan and Harnam resident of village Lodhiapur, P.S. Pachdevra were also sitting on another takht. Due to inimical background the accused appellant Ramesh Singh alias Kalloo, Mahesh Singh, Jamadar singh, Jai Pal and Prem Pal Singh came there armed with banka and gandasa and started to abuse the complainant. Accused Prem Pal Singh used banka on Rajeshwar Singh but immediately complainant stood up and scuffled and caught the body of Prem Pal and made loud. Rest of the accused appellants started to beat the complainant and he sustained injuries. His left thumb was cut by the weapon. In the mean time, the persons sitting there rescued him. The complainant Rajeshwar lodged first information report which was registered under sections 325, 326, 504, 506, 307 IPC and after investigation, charge sheet was submitted before competent court. The case was committed to the court of session where charges under Section 307/34 IPC was framed against all the accused appellants for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Rajeshwar, PW-2 Ram Gopal , PW-3 Dr. S.K. Rastogi and PW-4 Dr. J.L.Gautam were examined. In the statement recorded under section 313 Cr.P.C. the appellants had denied the prosecution allegation and pleaded that they have been falsely implicated in the case. After hearing learned counsel for parties and after examining the evidence, learned court below found all the appellants-accused guilty and sentences as above.;