Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 14.09.2000 passed by Special Sessions Judge, Sitapur, in Sessions Trial No.511 of 1995, arising out of Case Crime No.37 of 1992 whereby and whereunder the appellants/accused were found guilty under Sections 308 and 323 read with Section 34 I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.1000/- in case of default of payment of fine they have to further undergo imprisonment for a period of six months, and rigorous imprisonment for one year and fine of Rs.500/-, under Section 323 I.P.C. in case of default of payment of fine they have to further undergo additional imprisonment for a period of three months.
(2.) The brief facts giving rise to the present criminal appeal is that on 29.04.1992 at about 13:05, the First Information Report was lodged by the complainant (Mast Ram), in which he had narrated that at about 11.00 A.M. mother of the complainant Munni Devi was making cleaning out side her house and in the meantime both the accused came there with 'Lathi' and 'Baka' and restrained her mother from cleaning place and abused her. When the father restrained the appellant from using abusive languages, appellant Vishun Kumar used Baka on his father Anant Ram causing injuries on the head, immediately after making loud persons present there near about incident came towards there. In the meantime accused/appellant Gauri Shankar caused injuries by means of 'Lathi' to the complainant. Witnesses Raja Ram and Sharwajeet and Subedar came and saw the incident. On the written information, the First Information Report was lodged under Sections 308, 323, 504 and 506 I.P.C. and after investigation a charge-sheet was submitted before the Court, the case was committed to the Court of Session for trial, where the accused/appellants were summoned and charges were levelled against them for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Mast Ram Pandey, PW-2 Raja Ram, PW-3 Dr. R.K. Srivastava, PW-4 Dr.Ram Sumer and PW-5 I.O. Shadanand Singh were examined.;