Hon'ble Om Prakash-VII,J.

1. This criminal appeal has been preferred by the accused appellants against the judgement and order dated 5.12.2008 passed by the Additional District & Sessions Judge/ Fast Track Court No.1, Kairana, Muzaffarnagar in Session Trial No. 403 of 2006 (State vs. Maroof and another) convicting and sentencing the appellants for the offences punishable under Sections 308/34, 326/34 IPC. Fine was also imposed.

2. The facts of the case, as unfolded by the informant Waqar Khan son of Sardar Ali Khan in the First Information Report (in short 'F.I.R.'), are that on 22.12.2003 at about 1.00 p.m., while he was sowing wheat in his field, Kawar son of Ghani, Sajid son of Kawar, Maroof son of Ayyub and Murtaza son of Hamid came to his field. Kawar and Sajid were armed with Gandasi and Maroof and Murtaza were armed with lathi. They forbade the brother of informant for sowing wheat and hurling abuses assaulted to him. Hearing the noise, Ajaz Ali son of Inayat Ali Khan and Ragbir son of Kishna etc. came there and saved his brother and took him to Shamli Hospital. Accused had threatened that he escaped today but they would see again. Keeping in view the seriousness, injured was referred to Muzaffar Nagar Hospital. After getting him medically examined, he went for lodging report with the medical report. Accused were threatening them for dire consequences.

3. On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-3) was registered at Police Station concerned on 24.12.2003 at 11.00 a.m. mentioning all the details as had been described in Ext. Ka-.1. G.D. entry ( Ext. Ka-4) was also made at the same time.

4. Investigation in the matter was started by the Investigating Officer S.I. Pan Singh. He inspected the place of occurrence and prepared site plan (Ext. ka-5). The Investigating Officer also recorded statements of witnesses. The Investigating Officer took bloodstained cloth (Ext. ka-5) of injured Iftekhar. Medical report (Ext. ka-3), X-ray report (Ext. ka-8) was also collected by the Investigating Officer.

5. Injured Iftekhar was medically examined on 22.12.2003 at 4.10 p.m. at Shamli Hospital. Following injuries were found on his body:

"1. A lacerated wound of about 3 cm x 0.5 cm scalp deep present on the right parietal region. 9 cm from right ear. Fresh blood found.

2. A lacerated wound 6 c x 0.5 cm scalp deep present in the middle of head 16 cm from right ear. Fresh bleeding present KUO.

3. A lacerated wound 1 cm x. 0.5 cm scalp deep present on the middle of head 12 cm from right ear, fresh blood present.

4. A lacerated wound of 1.5 c x 0.5 cm scalp deep present on the right parietal region. 4 cm posterior to injury no.3. Fresh bleeding present.

5. An incised wound of 5 cm x 0.5 cm scalp deep present on the left parietal region 7 cm from let ear, fresh bleeding present, KUO adv. x. ray.

6. An incised wound of 0.5 cm x 0.5 cm muscle deep present on the posterior aspect of left hand along traumatic swelling of 7 cm x 6 cm on the left hand KUO adv. x. ray. Fresh bleeding present.

7. Diotal phalanx of ring finger of right hand also present, margins lacerated, bony projection present. Fresh blood present KUO adv. x. ray.

8. An incised wound of 2 cm x 0.5 cm muscle deep present in the anterior aspect of right leg present 10 cm below from right knee KUO adv. x. ray.

9. An incised wound of 1.5 cm x 0.5 cm muscle deep present on the anterior of right leg. 7 cm below from injury no.8 KUO adv. x. ray.

10. An incised wound of 1.5 cm x 0.5 cm muscle deep present on the medial aspect of right leg, 19 cm from right knee KUO adv. X-ray.

11. A linear abrasion of 5 cm present on the anterior aspect of left leg 13 cm from let knee.

12. Multiple red contusion are present in the whole of part at chest size varies for 14 cm x 6 cm and 7 cm x 3 cm."

6. According to the doctor, injury nos. 1,3,4,11 and 12 are simple in nature while injury nos. 2,5, 6,8,9 and 10 are KUO adv. x.ray and injury no.7 is gri