Witnesses, PW 1 Kalika Singh and PW 3, Raghubansh Raut are independent witnesses whereas PW 2, Krishna Devi, PW 4, Vijay Kumar and PW 5, Paltoo Paswan are related and injured witnesses.
She made hue and cry as to who had dug the ditch.
Krishna Devi, PW 2 scolded him and asked him to fill up the ditch.
Thereafter Paltoo Paswan and Vijay Kumar reached there.
Raj Kumar assaulted Paltoo Paswan, PW 5 on the head with sword and also assaulted Vijay Kumar with sword and Sitaram Paswan, A 1, with Danda.
The defence version is that the accused person have been falsely implicated.
Assault was also made with Danda.
As many as 6 witnesses were examined by the prosecution.
The accused appellants faced trial.
However, the High Court acquitted the appellant of the charge under Section 341 IPC and reduced the sentence to three months from six months under Section 323, IPC and six months from one year under Section 324 read with Section 34, Indian Penal Code in view of the nature of offence which took place suddenly and as there was numberprevious companyviction against them.
They stated that Sitaram Paswan assaulted Krishna Devi on her mouth with fists.
The statements recorded of these witnesses are more or less similar.
On this A 1 came out of his house and replied that he has dug the ditch.
The medical evidence produced has companyroborated the statements of these witnesses.
Seeing them, A 1 came with sword along with Raj Kumar when they reached the spot.
No.3214 of 2005 P. NAOLEKAR, J. Leave granted.
She cried for help, her husband, Paltoo Paswan, PW 5 along with his son Vijay Kumar, PW 4 rushed at the spot.
The Courts, after companysideration of the entire evidence on record, have found the evidence reliable and accordingly companyvicted the appellants.
On this, A 1 assaulted Krishna Devi with fists.
Raj Kumar took sword from the hands of Sitaram and gave blows on the head of Paltoo Paswan and Vijay Kumar, PW 5 and PW 4 respectively.
arising out of SLP Crl.
Accused 1, Sitaram Paswan and Raj Kumar, Accused 2 were companyvicted and sentenced for imprisonment for three months under Section 323 I.P.C. and six months under Section 324 read with Section 34 of the Indian Penal Code.
The prosecution case, in short, is that PW 5, Paltoo Paswan lodged the FIR, alleging therein that on 28.7.1998 at about 10.00 AM when his wife was proceeding towards the market, she fell in the ditch, filled with water on the way and was number visible.
