(1.) The Appellant Nos. 1 and 3 have been convicted under Section 323 and sentenced to rigorous imprisonment for 1 year where as Appellant No. 2 has been convicted under Section 324 I.P.C. and sentenced to a period of 3 years rigorous imprisonment and also directed to pay a fine of Rs. 3000/- out of which 1000/-was to be given to the injured Mauna Ram failing which a further imprisonment of 3 months by the learned 2nd Sessions Judge, Bhabua in Sessions Trial No. 538/1995 of 1992 by the judgment dated 24.4.1995. Further the Appellant No. 1 and 3 have been given the benefit of Section 360 Code of Criminal Procedure and directed to execute a bond of Rs. 10,000/- keeping in view their tender age.
(2.) The case of the prosecution is that on 3.4.1991 at about 9 a.m. one Ramdhani Ram was assaulted by Gulab Chauhan with a Bhala on account of which he sustained injury and fell down where after the rest of the accused persons assaulted him with lathi.
(3.) The defence case was that there was a counter version of this occurrence instituted by one Nanda Chauhan and others against the informant of this case. Initially the case was charged under Section 304/34 I.P.C. but the Appellants were acquitted of the charges and convicted as mentioned above.