Sheo Kumar Singh, J. - (1.) The instant criminal appeal has been filed against the judgment and order dated 30.10.1999 passed by Additional Session Judge, Sultanpur, in Sessions Trial No.112 of 1990 (State Vs. Tulsi Ram and Others), whereby and whereunder the appellants/accused were found guilty under Sections 323, 324 and 325 I.P.C. and sentenced for six months rigorous imprisonment under Section 323 I.P.C., one year rigorous imprisonment under Section 324 I.P.C. and two years rigorous imprisonment under Section 325 I.P.C. with fine of Rs.300/- each and in default of payment of fine they have to further undergo one month rigorous imprisonment.
(2.) The brief facts giving rise to the present criminal appeal is that on 09.03.1988 at about 5.30 P.M. when the complainant's brother Rajender Prasad was coming from village and reached near a pond, all the accused/appellants restrained him and intentionally caused serious injury with lathi and knife. The complainant's brother Rajendra Prasad made a noise and hearing the noise, the persons coming from the way approached there and accused/appellants fled away by threatening the brother of the complainant. The injured was taken into hospital for treatment and after that the First Information Report was lodged. After investigation a chargesheet was filed against the accused under Section 307/325/34 I.P.C. Learned Chief Judicial Magistrate took cognizance and committed the case to the court of session, charges were framed against the accused/appellants from which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, the prosecution has examined PW-1 Uma Narayan Tiwari, who had narrated the incident and also proved the fact that the injured was admitted to the hospital for treatment and thereafter the First Information Report was lodged in the Police Station. PW-2 Rajendra Prasad, is injured person and narrated the incident with the injuries and name of the accused/appellant, PW-3 Dr. V.K. Verma and PW4 Dr. Raj Kumar were examined before the court, in order to prove the medical report and X-ray plate. PW-5 Constable Rama Shamkar and PW- 6 S.I. Daroga Singh were examined in order to prove formal documents.;