(1.) -This criminal appeal by the accused is directed against the judgment and order dated 23.4.1981, passed by Sri Krishna Kumar, the then Additional Sessions Judge, Shahjahanpur, whereby he convicted Jagpal Singh and Virendra Singh under Sections 324 and 325 read with Section 34 of the Penal Code and sentenced them to undergo rigorous imprisonment for a period of one year and two years respectively. They were further sentenced to pay Rs. 500 as fine under Section 325 and in default of payment of fine they were sentenced to undergo rigorous imprisonment for a period of six months. Accused Atiraj Singh and Sonpal Singh were convicted under Sections 325 and 324 read with Section 34 of the Penal Code and were sentenced to suffer rigorous imprisonment for a period of two years and one year respectively. They were directed to pay Rs. 500 as fine under Section 325, I.P.C. and in default they were directed to undergo rigorous imprisonment for a term of six months. Both the sentences were directed to run concurrently.
(2.) IN brief, the prosecution case is as under : P.W. 1 Gajraj Singh, the informant, and appellants (Atiraj Singh and his three sons Sonpal Singh, Virendra Singh and Jagpal Singh) are residents of village Bamiyana, P.S. Khudaganj. It appears that there was a dispute between the parties in respect of flowing dirty water of the informant's house. The informant used to drain out the dirty water through a 'nala' which joined the Tank but the appellants objected and stopped the flow of dirty water. The villagers intervened. The appellants wanted to teach a lesson to informant and his sons.
(3.) P.W. 6 Dr. R. P. Gupta, Medical Officer of P.H.C., Khudaganj examined the injuries of Raja Babu at 11 a.m. on the same day and found as many as 11 injuries of different dimensions on his body, including six lacerated wounds, one contusion, two punctured wounds, one incised wound and swelling of both right upper and lower eyelid and cheek. In the opinion of Dr. Gupta, all the injuries were fresh and were caused by blunt object and sharp edged weapon. The injury No. 7 was kept under observation. He further advised X-ray of the scalp, right upper arm and left hand.