Mridula Bhatkar, J.

1. This Appeal is directed against the judgment and order dated 12th April, 2007 passed by the learned Principal District & Sessions Judge, Solapur in Sessions Case No. 173 of 2006 by which the appellants/accused were convicted for the offences punishable under section 326 r/w. 34 of Indian Penal Code to suffer R.I. for one year and to pay fine of Rs.1,000/-, in default to suffer S.I. for three months; and also for the offences punishable under section 323 r/w. 34 of Indian Penal Code they were sentenced to suffer S.I. for one day, i.e., till rising of the Court and to pay fine of Rs. 500/-, in default to suffer further S.I. for 8 days.

2. This Appeal is triable by the Single Judge, however, while hearing group of four Appeals bearing Nos. 415 of 2007, 434 of 2007, 611 of 2007 and 1174 of 2007, we are informed that this Appeal is filed against the order of conviction in a cross case which was lodged out of the same incident of assault. As the facts in all these Appeals are same and it was out of cross case, we felt it appropriate to call the record and also to dispose of this Appeal.

3. The case of the prosecution, in brief, is that the incident of assaul