Manoj Kumar Garg, J.

The appellants have filed the present Criminal Appeal under Section 374(2) Cr.P.C. against the judgment dated 29.04.2009 passed by learned Additional Sessions Judge (FT) Jalore Camp Bhinmal in Sessions Case No. 53/2007 (26/07) whereby the appellants have been convicted for offences under Section 447, 326, 324, 323 read with 34 IPC and sentenced as under :-

Section 447 IPC	One month simple imprisonment
Section 323/34 IPC	Six months R.I.
Section 324/34 IPC	One year rigorous imprisonment
Section 326/34 IPC	Five years rigorous imprisonment and a fine of Rs. 5000/- in default of payment of fine to undergo six months R.I.

2. Brief facts of the case are that the complainant Prakash Chandra lodged an FIR on 10.03.2007 at around 5 PM at P.S. Chitalwana stating therein that on that day, in the morning at around 9 am, when his brother Kishan lal was going to school, the accused appellants came armed with axe and spade and started beating Kishan lal. On raising voice, the complainant Prakash Chandra, Babu and Jagdish came on the site and