The court affirmed the convictions under IPC, emphasizing common intention in participation of crimes and granted probation due to the nature of the offences and first-time offender status.

JUDGMENT :

Heard Mr. Ranjeet Kumar Pandey, learned counsel for the appellants and Ms. Anita Kumari Singh, learned A.P.P for the Respondent-State.

2. This appeal has been filed on behalf of the appellants under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure, 1973 against the judgment of conviction dated 11.04.2013 and order of sentence dated 12.04.2013 rendered by the learned 2^nd Additional and Sessions Judge, Gopalganj in Sessions Trial No. 469 of 2010 and 250 of 2011 arising out of Fulwaria P.S. Case No. 38 of 2009, whereby the appellants have been convicted for the offences punishable under Section 323 of the INDIAN PENAL CODE and sentenced to undergo rigorous imprisonment for six months, for the offence punishable under Section 325 of the INDIAN PENAL CODE and sentenced to undergo three years of rigorous imprisonment, for the offence punishable under Section 341 of the INDIAN PENAL CODE and sentenced to undergo one month of rigorous imprisonment, for the offence punishable under Section 342 of the INDIAN PENAL CODE sentenced to undergo six months of rigorous imprisonment and all sentences are directed to run concurrently.

3. The brief facts leading to the filing of the present appeal is that on the basis of ferdbeyan by the informant (Bhola Nath Gupta), recorded on 21.04.2009 at about 8:30 AM, at Hathua Sub-divisional, Hospital that on 20.4.2009 at about 4 PM an altercation took place between the cousin of the informant Gorakh Nath Gupta and Munna Singh of village Koyaladeva at Koyaladeva Bazar for a vehicle. Thereafter, at 5.30 PM as soon as the informant reached the road at Koyaladeva village in front of the house of Munna Singh, suddenly Munna Singh and his brother Bullet Singh, Ram Chandra Singh, Sachin Singh and 3 to 4 unknown persons armed with lathi, danda and farsa came on the road and abused the informant and stopped his motor cycle and assaulted him. The informant fell down. Then they dragged the informant and took him into the front room of his house and confined him into the room. Due to the assault, the informant was injured and his right hand became fractured and he also received injury in the head. He was raising alarm, meanwhile his cousin Dharmendra Kumar Gupta and Manoj Kumar Gupta and villagers including Birendra Chauhan were passing through the road, then the above named accused persons surrounded them and assaulted them. Munna Singh gave a farsa blow on the head of Birendra Chauhan. He received injury and fell down. Thereafter, they assaulted Dharmendra Kumar Gupta and Manoj Kumar Gupta with lathi, danda and farsa. After hearing the alarm, other villagers assembled there. Then the accused persons came into their house and Munna Singh released the informant from the room. He took his mobile phone bearing Sim No. 9801770056 and Cash of Rs 2000/-. The villagers brought the victims to Hathua Hospital where they were treated and the statement of the informant was recorded.

4. On the basis of the statement, a formal FIR was registered in Fulwaria P.S Case no. 38 of 2009 under Sections 34 1, 342, 323, 324, 307, 379/34, and 504 of I.P.C. After investigation, the Investigating Officer submitted the charge sheet against the accused persons in the Court of Chief Judicial Magistrate, Gopalganj, who took cognizance of the offence and transferred the case to the Court of Judicial Μagistrate-1st class, Gopalganj, who committed the case to