Karuna Nand Bajpayee, J. - (1.) This is an appeal filed on behalf of the appellants Ram Pyare, Rinku, Ram Chandar and Virendra against the judgment and order dated 7.6.2016 passed by the Additional Sessions Judge, Bansi, Siddarth Nagar in S.T. No. 58 of 2012, State versus Ram Pyare and others, whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment of one year under Section 323 IPC and a fine of Rs.1,000/- along with the default clause to undergo 2 months' simple imprisonment in case of failure to deposit the fine. The sentence of rigorous imprisonment of 3 years has also been recorded under Section 324 IPC along with fine of Rs. 2,000/- containing with it the default clause to undergo 2 months' simple imprisonment in case of failure to deposit the fine. Apart from this, rigorous imprisonment of 1 year under Section 504 IPC and a fine of Rs. 500/- has also been imposed along with default clause to undergo 1 month's simple imprisonment. Rigorous imprisonment of one year under Section 506 IPC and a fine of Rs. 500/- along with the default clause to undergo 1 month's simple imprisonment in case of failure to deposit the fine has also been recorded by the court. All the sentences were ordered to run concurrently.
(2.) Heard Sri Dinesh Kumar Singh, Advocate holding brief of Sri Nikhil Kumar, learned counsel for the appellants and the learned AGA for the State. Perused the record.
(3.) The initial version as transpires from the FIR appears to be that on 20.2.2012 at about 9.30 a.m.one Lautu Prasad (not appellant before this Court) along with accused persons Ram Pyare, Rinku, Ram Chandar and Virendra variously armed with axe, farsa and iron rod came up abusing on the 'Dalan' of the victim Wasim whereupon victim Wasim rushed back into his house in order to save himself. Thereafter, Lautu Prasad and Ram Chandar made assault upon the victim by farsa and axe (Kulhari). The other accused assaulted upon him by iron rod. On hearing the hue and cry raised by Wasim, some people like Mohammad Ali, Mohammad Salim and the womenfolk came up there and saved his life. The accused persons thereafter went away giving threats to his life. The FIR of the case was registered which has been proved as Ex.Ka-1. The victim was medically examined and his medical examination was proved as Ex.Ka-5. During the course of investigation, the site plan was prepared and was proved as Ex.Ka-2. After due investigation the chargesheet was submitted and proved in the court as Ex.Ka-3. The case was committed from the court of Chief Judicial Magistrate to the court of Sessions.;