(1.) THIS criminal appeal, under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred 'Code of Criminal Procedure ') has been preferred by Appellant Keshar Singh against his conviction and sentence recorded by Sessions Judge, Pithoragarh vide judgment and order dated 21 -12 -85 in Sessions Trial No. 11 of 1985, whereby the Appellant was held guilty of the charges punishable Under Section s 326 and 201 I.P.C. and was sentenced to four years R.I. and a fine of Rs. 1000/ - and in default of payment of fine to undergo R. I. for a further period of six months under Section 326 I.P.C. and two years R.I. and a fine of Rs. 500/ - and in default of payment of fine to further undergo R.I. for three months under Section 201 I.P.C.
(2.) THE prosecution case, briefly stated, is as follow:
(3.) AT P.H.C. Didihat, Dr. A.S. Saun, examined the injured on 25 -10 -1983 at 12.30 P.M. and found the following injuries on his person: