(1.) The Appellants No. 1 and 2 have been convicted under Section 307 IPC and sentenced to RI for two and half years and five years respectively whereas Appellant No. 3 has been convicted under Section 307/34 IPC and sentenced to RI for four years by the 2nd Additional Sessions Judge, Nawadah in S. Tr. No. 27/90 by a judgment dated 09.07.1996.
(2.) The case of the prosecution according to the informant is that while he was working in the fields of Chandeshwar Chauhan he saw the accused persons cutting the ridge of the field at which he protested. The accused persons caught hold of him while Appellant Ramchandra Chauhan assaulted him with the spade on the head, Appellant Ramanandan Chauhan is said to have assaulted him with the lathi. When the informant raised a cry the accused persons fled away.
(3.) During trial the prosecution in all examined seven witnesses out of whom P.W. 1 is the Doctor, P.W. 2, Chandeshwar Chauhan is the employer of the informant whereas P.W. 3 is the son of the informant. P.W. 4 is also an eye witness. P.W. 5 is a formal witness and P.W. 6 is a corroborative witness whereas P.W. 7 is the Investigating Officer.