The appellants have moved this Court feeling aggrieved by the judgment and order passed by Additional Sessions Judge-2 in Sessions Case No. 133 of 2010 of Amravati Sessions Division. Appellant No. 3 Sau. Gokula Ramchandra is wife of appellant No. 1 and appellant No. 2 Nitin Mankar is nephew of appellant Nos. 1 and 3.

2. Appellant Nos. 1 and 3 have been convicted for the offences punishable under Section 452 read with Section 34 and Section 307 read with Section 34 of the Indian Penal Code. Appellant No.1 is sentenced to suffer rigorous imprisonment for five years and fine of Rs.1,000/- in default to undergo simple imprisonment for one month for the offence punishable under Section 452 of the Indian Penal Code. Appellant No.2 is sentenced to suffer rigorous imprisonment for three years for the said offence and appellant No.3 is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- for the said offence. As far as offence punishable under Section 307 is concerned, appellant Nos.1 and 3 have been sentenced to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000/- each and appellant No. 2 is sentenced to suffer rigorous imprisonment for three years. Appellant No. 1 is also convicted for the offence punishable under Section 323 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year. All the substantive sentences are directed to run concurrently.

3. The prosecution story, in brief, before the trial Court was that Shrawan Murlidhar Mankar along with his children was staying at Sarmaspur, Tahsil and District: Amravati. Complainant Ujjwala is his daughter. Witness Atul Mankar is his son. The appellants were staying in the same locality in front of the house of Shrawan Murlidhar Mankar. One Ramrao Bhande was also staying in the same locality. It is alleged that appellant No. 1 was in a habit of drinking liquor regularly. Old quarrel between the appellants' family and family of Shrawan Mankar appears to be the cause for present incident.

4. It is alleged that appellant No. 1 on 9th February, 2010 some time after 6.00 p.m. had visited the house of Shrawan Mankar and had assaulted him by means of a stick. Appellant No. 1 inflicted stick blows on both the hands of Shrawan Mankar. Immediately thereafter wife of appellant No. 1 viz. Mrs. Gokula (appellant No. 3) had also came there armed with sickle and inflicted injuries on both the legs of Shrawan Mankar. She was followed by her nephew (appellant No. 2) who was holding a stick. He had allegedly inflicted stick blows on Shrawan Mankar. Shrawan Mankar had sustained injuries on his legs and hands. He could not be taken to hospital or Police Station for want of conveyance. The matter was reported to police on next day. It appears from record that the police had got intimation of the incident before the same was reported to the police by the complainant. Injured Shrawan was removed to hospital. His daughter Ujjwala had gone to Police Station and had lodged complaint against the police. Offences punishable under Sections 452, 326 and 307 and other sections of the Indian Penal Code was registered against the appellants and further investigation continued. During the course of further investigation statements of witnesses were recorded. Opinion of the medical officers in respect of injuries sustained by Shrawan was taken. At this stage it may be stated here that Atul the son of Shrawan Mankar, had also sustained minor injuries during the course of the incident. He was also medically examined during the course of investigation. After completion of investigation charge-sheet was filed in the Court of Magistrate and the case was committed to the Court of Session. Charge for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code and Section 452 read with Section 34 of the Indian Penal Code was framed against all the appellants. Charge under Section 323 of the Indian Penal Code wa