(1.) The present criminal appeal has been filed against the judgment and order dated 24.01.1997 passed by learned III Additional District Judge, Gonda, in Sessions Trial No.717 of 1987, whereby and whereunder the accused/appellants, namely, Nande @ Tapeshwari Prasad, Gama @ Lal Bachhan, Sanwali and Sudhakar were found guilty under Section 325 read with Section 34 I.P.C and Section 24 Cattle Trespass Act and they were released on Probation of Offenders Act for a period of one year.
(2.) The brief facts giving rise to the present appeal are that on 13.08.1986, at about 7.00 A.M. when the complainant Rama Kant went to the field for nature call, he saw that the animals of Gaga @ Lal Bachan were in his field and he was taking the animal in the Kaji house. All the appellants came there and started to brick bating, whereby the brother of the complainant Harishanker was injured. The witnesses Awadh Bihari and Suraj Lal Darji came there and saw the incident. The brother of the complainant became unconscious. The complainant reached to the police station with his brother and lodged the First Information Report Ext: K-1 which was registered and Hari Shanker was sent to medical examination. After investigation, police submitted a charge-sheet under Sections 308 read with Section 34, 336 I.P.C and 24 Cattle Trespass Act was submitted before the court below. After taking cognizance of the offence, the case was committed to the court of session, where the charges were levelled against them for which they pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Rama Kant, PW-2 Hari Shanker, PW-3 Dr. Arvind Dev Singh, PW-4 S.I. Phool Chand Yadav and PW-5 Dr. P.C. Shukla were examined.
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