(1.) This appeal is directed against the judgment and order dated 09.02.1994 passed by Additional Sessions Judge, Raipur in Sessions Trial No. 03/1992 convicting accused/appellants Madan and Dombuda under Section 307 Indian Penal Code and accused/appellant Pustam under Section 307/34 Indian Penal Code and sentencing them to undergo rigorous imprisonment for seven years.
(2.) Case of the prosecution in brief is that on the basis of written report Ex. P-1 lodged on 6.8.1990 at about 10.40 a.m. FIR Ex. P-9 was registered on the same day at about 5.30 p.m. by complainant Gaurishankar (PW-1) alleging that on that day at about 11 a.m. when the accused/appellants were grazing their cattle in his field, he had asked them not to do so and on this, the accused/appellants came there and started abusing, and then assaulted him with axe and club.
(3.) So as to hold the accused/appellants guilty, prosecution has examined 09 witnesses in support of its case. Statements of the accused/appellants were also recorded under in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.