Sheo Kumar Singh, J. - (1.) The present criminal appeal under Section 374(2) Cr.P.C. has been filed against the judgment and order dated 8.10.2002 passed by Additional District & Session Judge/F.T.C.-II, Sultanpur in Session Trial No. 145 of 1998 whereby and whereunder the accused/appellants were sentenced to undergo six months rigorous imprisonment under Section 149 of IPC and one year rigorous imprisonment under Section 323/149 IPC and three years rigorous imprisonment and Rs. 1000/- as fine under Section 307/149 IPC.
(2.) The brief facts giving rise to the present criminal appeal is that on 31.7.1995 at about 6.00 P.M. all the accused appellants came abusing the complainant and when he restrained them to make abusive language, they caused injuries with lathi and danda. A First Information Report was lodged in the police station which was registered under section 147, 148, 149, 307, 504 IPC and after investigation charge sheet was submitted before the court. After taking cognizance of the offence, the learned court below summoned the accused and framed the Charges against the accused for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, the prosecution has examined PW-1 Chandra Prakash, PW- 2 Jagdish Prasad Singh, PW-3 Dr. Subodh, PW-4 Dr. Rajendra Kapoor, PW-5 Constable Vedmani Pandey and PW-6 Constable Ashok Kumar Singh. After hearing learned counsel for parties, the accused were convicted as above.;