(1.) The instant criminal appeal has been filed against the judgment and order dated 06.08.1999 passed by Additional Session Judge, Faizabad, in Sessions Trial No.29 of 1997, whereby and whereunder the appellants/accused was found guilty under Section 325 I.P.C. and sentenced for two years rigorous imprisonment.
(2.) The brief facts giving rise to the present criminal appeal is that on 08.07.1994 at about 11.00 A.M. the complainant Smt. Jagpati was draining the water by making Nalla and in the meantime the accused/appellant came there and started to abuse her and after that when she restrained the appellant, the appellant assaulted by means of legs and fists and also by sticks against which an oral information was given to the Police Station and it was registered under Section 323 and 504 I.P.C. Later on, on the basis of medical report it was converted under Section 307, 323 and 504 I.P.C. and after investigation a chargesheet was submitted before the learned Magistrate. Since the case was triable by court of sessions, thus after taking cognizance of the offence, the case was committed to the court of session, where the appellant was summoned and charges under Sections 307 and 504 were levelled against him for which he pleaded not guilty and claimed for trial. .
(3.) In order to prove the prosecution case, PW-1 Smt. Jagpati, PW-2 Heeramani, PW-3 Jagmati wife of Heeramani PW-4 S.I. M.L. Khan, and PW-5 Dr. Rakesh Prasad were examined.
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