The present revision is directed against the judgment dated 01.08.2013 passed by the learned Sessions Judge, Bilaspur District, Bilaspur H.P. (learned Appellate Court) vide which the judgment of conviction dated 29.01.2009 and order of sentence dated 30.01.2009 passed by learned Judicial Magistrate First Class, Ghumarwin, District Bilaspur (learned Trial Court) were upheld. (The parties shall hereinafter be to in the same manner as they were arrayed in before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 147, 148, 149, 323, 325, and 506 of the Indian Penal Code (IPC). It was asserted that the informant Sewa Dass (PW7) was returning to his home in the evening on 31.03.2004. He found that stones and wood were kept on the road near the house of the accused, Brij Lal. The informant requested the accused, Brij Lal to remove the stones and the wood because these were obstructing the public passage. The accused Brij Lal, Baldev Raj, Dina Nath, Ramesh Chand, Anup, Anish Kumar, Kanta Devi, and Meena Devi gathered on the spot and told the informant that the dispute was pending before the Court, and the informant could do whatever he liked. The informant told the accused that everyone had a right to use the public passage. The accused got infuriated and started beating the informant with sticks. Bimla Devi (PW1), Kishori Lal (PW2) and Bimla Devi (PW8) reached the spot after hearing the cries. The accused also gave beatings to them. Munshi Ram, Pawna Kumari (PW5), Gian Chand and Vidya Devi (PW6) reached the spot. The accused threatened to kill the informant and his family members. The matter was reported to the police, who registered an FIR (Ext.PW1/A). Amar Chand (PW9) filed an application (Ext.PW3/A) for conducting the medical examination of the injured. Dr Bharti Ranout (PW3) examined Sewa Dass and found multiple injuries on his person. She advised X-rays. Dr D. Bhangal (PW4) went through the X-ray and found a fracture on the right fibula. Dr Bharti Ranout (PW3) issued the MLC (Ext.PW3/B1), mentioning that the injuries were simple and grievous in nature. Dr Bharti Ranout (PW3) also examined Kishori Lal (PW2), Bimla Devi (PW1) and Bimla Devi (PW8) and found that they had sustained simple injuries. She issued the MLCs (Ext.PW3/B2, Ext. PW3/B3 and Ext. PW3/B4). ASI Mulak Raj (PW13) investigated the matter. He visited the spot and prepared the site plan (Ext.PW13/A). Sarwan Singh (PW12) arrested the accused. Brij Lal produced a bat which was seized vide memo (Ext.PW10/A). Meena Devi produced a stick, which was seized vide memo (Ext.PW10/B). The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the Court.

3. The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, they were charged with the commission of offences punishable under Section 323, 506, 147 and 149 of the IPC, to which they pleaded not guilty and claimed to be tried. Subsequently, the charge was amended to include Section 325 of the IPC, to which the accused pleaded not guilty and claimed to be tried.

4. The prosecution examined 13 witnesses to prove its case. Bimla Devi (PW1), Kishori Lal (PW2), Pawana Kumari (PW5), Vidya Devi (PW6), and Bimla Devi (PW8) are the eyewitnesses. Dr Bharti Ranout (PW3) conducted the medical examination of the injured. Dr D. Bhangal (PW4) went through the X-rays and issued the report. SI Amar Chand (PW9) signed the FIR and filed an application for the medical examination. Man Chand (PW10) and Mast Ram (PW11) did not support the prosecution's case. Sarwan Singh (PW12) and Mulak Raj (PW13) investigated the matter.

5. The accused, in their statements recorded under Section 313 of the Criminal Procedure Cod