JUDGEMENT

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellants have challenged the judgment of conviction and order of sentence passed by Special Judge, Chhatarpur in Special Case No.136/2007 whereby the appellants have been convicted under Sections 323 of IPC and sentenced to undergo 6 months RI and fine of Rs. 1000/- and in default, to further undergo 2 month RI.

2. As none appeared on behalf of the appellants, Mr. Vijay Kumar Pandey, Advocate who is present in the Court, has been requested to assist the Court on behalf of the appellants as amicus curiae.

3. The facts necessary for disposal of the present appeal in brief are that the appellants tried to under Sections 294, 452, 323, 506 (Part-II) of IPC and Section 3(1)(10) of SC/ST Act but after trial, they have been convicted under Section 323 of IPC.

4. Learned counsel for the appellants submitted that from the evidence on record, the appellants are entitled to be acquitted, alternatively, he submits that in fact and circumstances of the case, the sentence may be reduced to the period already undergone.

5. Per contra, learned Panel Lawyer submitted that the fin