ORDER

Appellant- Santosh Kumar is present in pursuance of the bailable warrant issued by the Court and he is identified by his counsel.

Heard finally.

This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure has been preferred being aggrieved with the judgment dated 30.09.2009 in S.T. No.230/2009 by VIth Additional Sessions Judge, Sagar, whereby appellant/accused has been convicted under Section 325 of the IPC and sentenced to undergo R.I. for one year and a fine of Rs.1,000/- with default stipulations.

2. The prosecution case before the Trial Court was that on 04.03.2007 at 8:00 AM the complainant Surendra Jain (PW-1) was going to his shop and when he reached at Bichhua Pul in front of Kundan Hotel, the appellant came there with iron rod and demanded Rs.15/- for consuming the liquor when complainant denied and proceeded towards his shop then the appellant assaulted with iron rod in his back side of the shoulder and also assaulted in his elbow in the meantime his father Balku came on spot with Lathi in his hand and started beating him. Witness Bhagwan Das (PW-4) and Praful Kumar Jain (PW-

2) reached on the spot and they rescued the complainant. The appellant ret