Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 26.9.1998 passed by Special Judge SC/ST Act, Barabanki, in Sessions Trial No.345 of 1996, whereby and whereunder the appellants/accused namely Sheo Ram, Brij Mohan and Ram Krishan were found guilty under Sections 323, 504, 506 I.P.C. & Section 3 (1) (X) and sentenced to undergo rigorous imprisonment for a period of one year, under Section 323/34 I.P.C., rigorous imprisonment for a period of three months, under Section 504 I.P.C and rigorous imprisonment for six months, under section 506 I.P.C., and the appellants were also found guilty under Section 3 (1)(x) SC/ST Act and was punished with rigorous imprisonment for 18 months and a fine of Rs.500/- each.
(2.) The brief facts giving rise to the present criminal appeal is that on 25.08.1995 at about 8 A.M. when the complainant Dhorey went in the garden of Kallu Singh for natural call, all the appellants came there and on certain altercation, started to beat him by legs and fists and by using abusive languages. The fact was informed to the police station, where the First Information Report was lodged and after investigation a chargesheet was submitted. After taking cognizance all the accused were summoned before the court and charges under aforesaid Sections were levelled against them. The appellants pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Dhorre, PW-2 Ramrati, PW-3 S.I. S.N. Singh, PW-4 Constable Shiv Yogi Singh and PW-5 Dr. Ashok Kumar Singh were examined.;