NARENDRA NATH TIWARI, J. - (1.) ALL the appellants were charged for having committed offences of wrongfully restraining insulting and causing injuries to the informant Shahdeo Sharma and his sons in furtherance of common intention. They were tried and on conclusion, are convicted and sentenced under Section 323 IPC to undergo one year rigorous imprisonment, two years rigorous imprisonment under Section 504 IPC, one month rigorous imprisonment under Section 341 IPC, three years rigorous imprisonment under Section 324 IPC, five years rigorous imprisonment under Section 325/34 IPC and to pay fine of Rs. 5000/ - each and in default to undergo simple imprisonment for one year.
(2.) THE prosecution case, in short, is that on 7.9.2000, while the informants son Moti Sharma had gone to take bath in the river Ajay, he was assaulted by appellant No. 2 with fists and slaps when the informant went to the house of the appellant No. 2 to enquire about the same, he and his sons were assaulted by the appellants. Appellant No. 1 along with others armed with rod and lathi assaulted the informant; the appellant No. 1 allegedly gave iron rod blow, causing injuries on the scalp of the informant; appellant No. 2 assaulted the informant with lathi on his right palm, when the informants son Hiralal Sharma wanted to rescue the informant, he was also assaulted by appellant No. 3 with lathi on his right and left shoulder causing injuries. The prosecution altogether examined eight witnesses. P.W. 1, Mahadeo Mistri, P.W. 2, Taleshwar Mistri, P.W. 3, Ishwar Lal Mistri, P.W. 4, Ranjit Mistri are said to be the independent witnesses. They did not support the prosecution case and were declared hostile. P.W. 5, Hira Lal Sharma is the son of the informant. P.W. 6, Shahdeo Sharma is the informant himself. P.W. 7, Nitya Nand Singh is the Investigating Officer and P.W. 8 is the doctor who examined the injuries on the person of the informant and other victim.
(3.) LEARNED trial court had also framed charge under Section 307 IPC but it appears that in absence of any ingredient under Section 307 IPC, the court below did not enter into any discussion and finding regarding the said charge. No grievance is made before this Court to that regard as well.;