JUDGMENT :

Raj Beer Singh, J.

1. This appeal has been preferred against judgment and order dated 31.08.1994, passed by learned IVth Additional Sessions Judge, Jaunpur, in Session Trial No. 10 of 1991 (State vs. Amroo @ Amar Bahadur & three others), under Sections 308/34, 323/34, 325/34 Indian Penal Code (hereinafter referred as I.P.C.), Police Station Jafrabad, Jaunpur, whereby all the four accused-appellants namely Amroo @ Amar Bahadur, Munni Lal, Ram Murat Yadav and Ram Surat have been convicted under Section 323/34, 325/34 and 308/34 I.P.C. However, they were sentenced only under Section 308/34 I.P.C. for imprisonment of three years rigorous imprisonment. No separate sentence was passed for offences under Sections 323/34 and 325/34 I.P.C.

2. During pendency of appeal, accused-appellant no.1 Munni Lal has passed away, thus, his appeal was abated. Now the instant appeal is confined only in respect of appellant Ram Murat Yadav, Ram Surat and Amroo @ Amar Bahadur.

3. Prosecution version is that on 19.08.1989 at about 10:00 PM, PW 2 Chandra Kesh Pandey went at the shop of accused Munni Lal and complained that their animals have grazed in his field. On this, all the accused persons started abusing him. Meanwhile, the complainant Banshraj also reached there and objected the abusing. On this, all the four accused persons came armed with lathis and sticks and assaulted the complainant Banshraj. One Mahendra Seth, Mahadev, Ram Chandar, Gopinath Seth came there and intervened and during intervention Mahendra has also sustained injuries. The complainant reported the matter to police by submitting tehreer Ex. Ka-1 and on that basis, the case was registered on 19.08.1989 at 10:00 P.M. vide first information report Ex. Ka-5, under sections 308, 324, 323, 504 I.P.C.

4. Complainant / injured Banshraj was medically examined on 20.08.1989 vide M.L.C. Ex. Ka-3 and he has sustained following injuries.

(i) Lacerated wound 4 c.m. x 0.5 cm x bone deep on the right side of head anterior part 7 c.m. above from the bridge of the nose with bleeding.

(ii) Lacerated wound 2.5 c.m. x 0.5 c.m. x scalp deep on the middle of forehead 1.5 c.m. above from bridge of the nose with bleeding.

(iii) Lacerated wound 1 c.m. x 0.5 c.m. x bone deep on the right side of forehead just above from right eyebrow with bleeding.

(iv) Lacerated wound 0.5 c.m. x 0.2 c.m. x deep fascia on the front of nose just below from bridge of nose with bleeding. Advised xray of nose.

(v) Abrasion 3 c.m. x 1 c.m. on the right side of face 3.5 c.m. below from right ear.

(vi) Abrasion 1 c.m. x 0.5 c.m. on the middle of left clavicle.

(vii) Abraded contusion 2 cm x 2 cm on the back of left upper arm 7 cm below from right shoulder joint red colour.

(viii) Abrasion 2 cm x 0.5 cm on the back of left forearm 8 c.m. below from left elbow joint.

(ix) Abraded contusion 4.5 cm x 2 cm on the back of left forearm 8 cm above from left wrist joint. Advised x-ray of left forearm.

(x) Abraded contusion 11 cm x 1.5 cm on the back of chest left side red colour 8 cm below from inferior angle of left scapula.

(xi) Contusion 4.5 cm x 1.5 cm on the left buttock red in colour.

5. On the same day, injured Mahendra was also medically examined vide M.L.C. Ex. Ka.4 and he has sustained following injuries.

(i) Lacerated wound 2.5 cm x 0.5 cm x bone deep on the middle of head 10 cm above from bridge of the nose with bleeding vertical.

(ii) Abrasion 1 cm x 1 cm on the top of left shoulder joint.

(iii) Complain of pain in the left back of the chest.

6. During course of investigation, the Investigating Officer PW-6 S.I. Phooldev Prasad recorded statements of witnesses, prepared site plan and after completion of investigation all the four accused persons namely, Amroo @ Amar Bahadur, Ram Murat Yadav, Munni Lal and Ram Surant were charge-sheeted for offences under section 308, 323, 325 and 504 I.P.C.

7. Trial court framed charges under Sections 308/34, 323/34, 325/34 I.P.C. against all the four accused persons. In order to bring home the gui