Sheo Kumar Singh, J. - (1.) The present criminal appeal has been filed against the judgment and order dated 18.9.2001 passed by Special Judge (S.C./S.T. Act), Unnao in Session Trial No.683 of 1994 whereby and whereunder the accused/appellants Kanhaiya Lal and Suresh alias Shakuni Maya were found guilty under Sections 323/34 IPC & Section 3(1)(X) SC/ST Act and sentenced to undergo rigorous imprisonment under Section 323 IPC for a period of six months with fine of Rs. 1000/- and under section 3(1)(X) SC/ST Act were punished with rigorous imprisonment for one year and a fine of Rs.4000/-.
(2.) The brief facts giving rise to the present criminal appeal is that written complaint was sent to station Officer with the allegation that on 31.8.1992 at about 6.00 A.M. when the complainant was in his field and irrigating the crops, the accused came there and used abusive languages using caste and caused injuries with lathis. The First Information Report was lodged and after investigation, a chargesheet was submitted against the appellants. Charges were levelled against the appellants for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, the prosecution has examined PW-1 Shyam Lal, PW- 2 Ashok Kumar, PW-3 Raj Kumar, PW-4 Constable Sant Ram, PW-5 IO Sri Shiv Raj Singh and PW-6 Dr. A.K. Awasthi.;