M.C. Sharma, J. - (1.) This is an Appeal arising out of a judgment Dated 7th December, 1985 passed by the learned Sessions Judge, Tonk, in Sessions Case No. 7/1985 whereby he has convicted and sentenced the accused appellants as under: - i) Under Sec. 341 IPC to 3 months simple imprisonment and a fine of Rs. 50/ - each, in default of payment of fine, to further undergo simple imprisonment or six days; ii) Under Sec. 326/34 IPC to 2 years & 6 months rigorous imprisonment and a fine of Rs. 200/ - each, in default of payment of fine, to further undergo simple imprisonment for one month; and iii) Under Sec. 324 IPC to six months simple imprisonment and a fine of Rs. 100/ - each, in default of payment of fine to further undergo simple imprisonment for 15 years. The substantive sentences have been ordered to run concurrently. The brief facts of the case are that on dated 11.7.1984, at about 06 A.M. when the complainant Bajarang Lal Surpanch was going to call of nature, on the way, accused persons Ismail, Mohan and Achhu and Sukhdev were armed with Lathi, Farsi stopped the complainant and started beating, due to which, the complainant received number of injuries.
(2.) Upon the aforesaid incident, an report was lodged and on the said report, police has registered a case for the offence under Sec. 341, 324, 323/34 IPC and started investigation. After investigation, a challan was filed against the accused appellant under Sec. 341, 307, 324, 323/34 before the learned Sessions Judge, Tonk who framed the charges against the accused appellants for the offence under Ss. 341, 324, 323/34, 307/34 IPC and the charges were read over and explained to them who pleaded not guilty and claimed trial.
(3.) During trial, the prosecution in support of its case examined as many as 10 witnesses and got exhibited some documents. Thereafter, the statements of accused appellant were also recorded under Sec. 313 Cr.P.C.;