Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against judgment and order dated 5.5.2000 passed by IXth Additional Session Judge, Faizabad whereby the accused appellants Vijay Bahadur and Ram Bahadur were sentenced under section 308/34 IPC for three years rigorous imprisonment while accused appellants Ram Jag and Ram Tirath were were sentenced under Section 308/34 IPC for two years rigorous imprisonment.
(2.) Brief facts giving rise to the present appeal is that on 29.3.1994 a report was lodged with the incident of 28.3.1994 that when complainant Surya Nath Singh was purchasing some house items, then all the accused appellants came there and caused injuries with the iron rod. A first information report was lodged under section 308 IPC and after investigation a charge sheet was submitted. Learned Chief Judicial Magistrate took cognizance and committed the case to the Court of Session for trial. Learned Sessions Judge summoned the accused appellants and charge under aforesaid section was levelled against them for which, they denied and claimed for trial.
(3.) In order to prove the prosecution case PW-1 Surya Nath Singh, PW-2 Krishna Kumar, PW-3 Lal Ji Mishra, PW-4 Constable Moharrir Rajendra Prasad, PW-5 Dr. Hemant Kumar and PW-6 SI Bansdhari Singh were examined.;