JUDGMENT

Mukta Gupta, J.

1. By way of this appeal, the appellants who are father and son challenge their conviction for commission of offence punishable under Section 308 read with Section 34 IPC and the sentence of RI for three years to the Appellant No.2 and release on probation on furnishing a personal bond in the sum of Rs. 5,000/- with one surety of the like amount for a period of three years to Appellant No.1 Rajesh, for causing injury to the complainant Naresh by brick which injury was opined to be simple in nature.

2. Learned counsel for the appellants contends that the prosecution examined four witnesses to the alleged incident i.e. PW1 Naresh the injured, his mother PW2 Smt. Angoori and two independent witnesses PW3 Sanjay and PW8 Jai Pal Singh. PW3 and PW8 have turned hostile and have not supported the prosecution case at all. The case of prosecution as put forward on the basis of the testimony of PW1 and PW2 is also full of material contradictions as Naresh and Smt. Angoori in their statement before the police stated that Rajesh caught hold of Naresh and Sat Narain hit brick on his head whereas both these witnesses in their deposition before the court stated that Sa