Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 30.11.1999 passed 3rd Additional District Judge, Sultanpur, in Sessions Trial No.203 of 1989, whereby and whereunder the appellants/accused were found guilty under Sections 307/34 and 323/34 I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.5000/- each, under Section 307/34, and one year rigorous imprisonment, under section 323/34 I.P.C. In case of default of payment of fine they have to further undergo rigorous imprisonment for a period of six months.
(2.) The brief facts giving rise to the present criminal appeal are that on 07.07.1986 at about 11.00 A.M. and the complainant Ram Lakhan was in the field with his animal who were grazing in the field, accused/appellants came there with Lathi and Farsha and directed the complainant to go away from there for which the complainant objected but the accused/appellant started to beat to the complainant and caused injury. The matter was reported to the Police Station where it was registered and investigated. After investigation a chargesheet was submitted for which the learned court below took cognizance and charges were framed against the appellants. The appellants pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Ram Lakhan, PW-2 Ram Pyare, PW-3 Ram Murti Gupta, and PW-4 Arvind Nath Tiwari, were examined.;