1. The present criminal appeal has been preferred by the appellants under S.374 (2) of the Code of Criminal Procedure, 1973 , being aggrieved by the judgment of conviction and order of sentence, dated 27.11.1998, delivered by the learned Additional Sessions Judge, Narsinghpur, in Sessions Trial No.59/1995, whereby appellant no.1 Radheshyam has been found guilty for commission of offence punishable under S.326 of the Indian Penal Code (hereinafter referred to as 'the IPC ') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.100/-, with default stipulation and all appellants Radheshyam, Ramji, Hotram and Khet Singh have also been found guilty for commission of offence punishable under S.325 or 325/34 of and sentenced to undergo rigorous imprisonment for six months each and to pay fine of Rs.100/- each, with default stipulations.

2. The case of the prosecution in brief is that, on 25.06.1985 at about 03:30 pm near Village Mohad under the jurisdiction of Police Station Kareli, District Narsinghpur appellant no.1 Radheshyam with other appellants sharing common intention for causing hurt to complainant Purshottam (PW - 4) with the aid of wooden sticks, hav