Judgment

P.P. Naolekar, J.—Leave granted.

2. Accused-1, Sitaram Paswan and Raj Kumar, Accused-2 were convicted and sentenced for imprisonment for three months under Section 323 I.P.C. and six months under Section 324 read with Section 34 of the Indian Penal Code.

3. The prosecution case, in short, is that PW-5, Paltoo Paswan lodged the FIR, alleging therein that on 28.7.1998 at about 10.00 AM when his wife was proceeding towards the market, she fell in the ditch, filled with water on the way and was not visible. She made hue and cry as to who had dug the ditch. On this A-1 came out of his house and replied that he has dug the ditch. Smt. Krishna Devi, PW-2 scolded him and asked him to fill up the ditch. On this, A-1 assaulted Krishna Devi with fists. She cried for help, her husband, Paltoo Paswan, PW-5 along with his son Vijay Kumar, PW-4 rushed at the spot. Seeing them, A-1 came with sword along with Raj Kumar when they reached the spot. Raj Kumar assaulted Paltoo Paswan, PW-5 on the head with sword and also assaulted Vijay Kumar with sword and Sitaram Paswan, A-1, with Danda.

4. The accused-appellants faced trial. As many as 6 witnesses were examined by the prosecution. Witnesses, PW