N.P.Singh, J. - (1.)The appellants alongwith appellant Govind Singh and Bhajan Singh since deceased, and co-accused Prathwiraj Singh were tried, by the AddI. Sessions Judge, Durg camp at Bemetra in Sessions Trial No. 81 of 1985 on the allegation for assaulting the complainant Sukun (P.W.3) by means of Tabbal and Lathis on 16.1.1985 at 3.00 p.m. on account of previous litigation.
(2.)The learned AddI. Sessions Judge convicted the appellant Govind Singh and Bhajan Singh under Sections 148,325/34 of the Indian Penal Code and sentenced them and to pay a fine of Rs.2,000/- in default to undergo R.I. for three months under Section 148 of the Indian Penal Code to undergo R.I. for two years and to pay a fine of Rs.2,000/- in default to undergo R.I. for three months, under Section 325134 of the Indian Penal Code and acquitted the appellants of the charge under Section 307 of the Indian Penal Code. Go-accused Prathwiraj Singh was however, given clean acquittal. Appellant Govind and Bhajan died during the pendencyof this appeal and the appeal abated, so far as appellants Govind and Bhajan are concerned.
(3.)On 17.1.1985, the complainant Sukun P.W.3 lodged a report about the incident at Police Chouki, Dan which was recorded by P.W. 10 Head Constable Kamla Prasad, Ex. P-18, and he forwarded the report to the S.H.O. Nawagarh P.S. where the formal F.I.R. (Ex.P-19) was drawn up by P.W.8 Bharatlal and investigation proceeded.