- (1.)This appeal is directed against the judgment dated 16.11.2000 passed by Session Judge, Mandleshwar in S.T. No.357/1999. By the impugned judgment, appellants have been found guilty of the offences punishable u/s. 325/149 and Section 323 of the Penal Code and were sentenced to undergo 2 years R.I. with fine of Rs.500/ each with default stipulation.
(2.)7 persons were tried for offences punishable u/s. 307/149 and Section 323 of 1the Penal Code on the allegation that at about 8.30 in the night of 30.8.1999 appellants formed an unlawful assembly and in furtherance of their common object, they assaulted Bhuwaniram, Mohan, Mukesh and Trilok and caused injuries to them.
(3.)According to prosecution story, appellants armed with deadly weapon and caused injuries to injured persons including an injury on the face of Bhuwaniram. Incident was reported at the Police Outpost immediately and appellants were charge sheeted. After completing the investigation, charge sheet was filed and accused persons were put to trial. At trial, appellants denied the charges. Two of the accused persons viz. Sayeed and Ruab Khan took the plea of alibi and examined Lala and Sheikh Rajaak as defence witnesses. After examining the prosecution witnesses, learned trial Judge found all accused persons guilty of offences punishable u/s. 325/149 of the Penal Code and sentenced them, as aforesaid. Hence, this appeal.