Judgment ( 1. ) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellants being aggrieved by the impugned judgment, finding and sentence dated 23. 03. 1999 passed by III Additional Sessions Judge, chhatarpur in Sessions Trial No. 48/95, whereby the appellants have been convicted under Sections 148, 324/149 and 342 of i. P. C. and sentenced to R. I. for 1 year, R. I. for 1 year and R. I. for 6 months, each respectively with the direction to run the sentences concurrently. ( 2. ) THE prosecution case in short is that on 01. 12. 1991 rajendra Prasad Tiwari submitted written report at outpost khaira Kala to the effect that Paggal told him that Santsharan, mijjaji, Ram Milan, Pawan, Bablu, Deepu and Ramesh are beating his brother Jagdish by ballam and lathies. He along with his mother and sisters went at the house of Santsharan. They knocked the door but no response was given. His brother was crying for help but the appellants did not open the door. He made the complaint to Bhupat Singh, village Sarpanch who advised him to lodge the report. On the basis of this written report, Crime No. 04/1991 under Sections 147, 148, 149, 342, 336 and 323 of I. P. C. was registered. Police came and recovered jagdish Tiwari from the house of appellant. He was sent for medical examination where he was examined by Dr. J. N. Pandey (PW-10) and found injuries on his person as mentioned in medical report Ex. P-15. Ratiram (PW-6) who also sustained the injuries on account of throwing brick pieces by appellants was also sent for medical examination and the injuries were found on his person as mentioned in medical report Ex. P-16. X-ray of Jagdish Tiwari was also done but no bony injury was found. Spot map was prepared. Statements of the witnesses were recorded. Accused persons were arrested. The weapons of offence were seized from the appellants. After completing the usual investigation, the charge sheet was filed in the Court of J. M. F. C. , Bijawar for the offence triable by Judicial Magistrate but learned Magistrate found that offence under Section 307 of I. P. C. is prima facie made out hence committed the case on 10. 03. 1995 to the sessions Court for trial. ( 3. 03. 1995 to the sessions Court for trial. ( 3. ) ACCUSED persons were charged under Sections 148, 342 and 307/149 of I. P. C. They abjured the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Prosecution examined as many as 11 witnesses and placed the documents Ex. P-1 to Ex. P-16 on record. The accused persons also examined one witnesses in their defence. After considering the evidence trial Court found them guilty under Sections 148, 324/149 and 342 of i. P. C and sentenced thereunder as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal. ( 4. ) SHRI B. P. Sharma, learned counsel for the appellants submitted that trial Court has not appreciated the evidence in proper perspective. There are several contradictions and omissions in the statements of the prosecution witnesses and committed an illegality in relying upon the evidence of the prosecution witnesses. The finding of guilt is erroneous which deserves to be set aside and appellants are entitled for acquittal. ( 5. ) ON the contrary, Shri S. S. Bisen, learned Govt. Advocate appearing on behalf of respondent/state supported the impugned judgment, finding and sentence mainly contending that prosecution has proved the guilt beyond reasonable doubt against the appellants. The trial Court has rightly convicted and sentenced the appellants hence no interference is called for. ( 6. ) THE main point for consideration in this appeal is that whether the trial Court has committed any illegality in convicting and sentencing the appellants under Sections 148, 324/149 and 342 of I. P. C. ( 7. ) JAGDISH Prasad Tiwari (PW-2) is the star witness to this case who has deposed that Deepu and Pawan told him that he has been called by Santsharan hence he went at his house and as soon as he reached at his door, Mijaji inflicted lathi blow at his head thereafter the appellants started beating him with lathis and ballam on account of which he sustained injuries. When the police came he was recovered from there. Thereafter sent to Bijawar Hospital from where he was referred to District Hospital Chhatarpur where he remained hospitalized for 28-30 days and also for a week at Gwalior. When the police came he was recovered from there. Thereafter sent to Bijawar Hospital from where he was referred to District Hospital Chhatarpur where he remained hospitalized for 28-30 days and also for a week at Gwalior. This witness has been subjected to a lengthy and piercing cross-examination and the attempts have been made to bring the contradictions and omissions from his police statement Ex. D-2 but they are not on the material point and his evidence is intact on the point regarding causing marpeet by the appellants. ( 8. ) RAJENDRA Prasad Tiwari (PW-1) is the brother of injured jagdish Prasad Tiwari. He has deposed that Paggal Kachhi told him that appellants are beating his brother at their house, therefore, he went there. He pushed the door. The door was opened. He saw that the appellants had tied the hands of his brother with rope. They also tried to assault him but he ran away and lodged report Ex. P-1. On the next day in the morning police came and recovered his brother from the house of appellant Santsharan. His brother sustained injuries on account of beating given by the appellants. ( 9. ) THE detail cross-examination has been done to this witness and some contradictions and omissions have been brought on record from his police report Ex. P-1 and police statement Ex. D-1. Since he has been contradicted on material point, it reflects that he is not an eyewitness of this incident. However, his evidence is acceptable only to the extent that the appellants wrongfully restrained his brother. He tried to rescue him but in vain. Thereafter he lodged the report at outpost Khaira Kala and his brother was rescued by the police and the injuries were noticed on his person. ( 10. ) SMT. Mauni Bai (PW-4) and Kusum (PW-7) have deposed that on getting information from Paggal Kachhi that appellants are causing marpeet to Jagdish Tiwari they also went at the house of Santsharan and tried to open the door but in vain and when the police rescued him from the house of appellants they noticed the injuries on the person of Jagdish tiwari. ( 11. ) NOW doubt, Paggal Kachhi (PW-3) who informed these witnesses has not supported the prosecution case and declared hostile. ( 11. ) NOW doubt, Paggal Kachhi (PW-3) who informed these witnesses has not supported the prosecution case and declared hostile. Thus the fact that Paggal Kachhi informed rajendra Kumar Tiwari (PW-1), Smt. Mauni Bai (PW-4) and kusum (PW-7) regarding causing marpeet of Jagdish Tiwari has not been established. Likewise Ratiram (PW-6) who sustained the injury of brick piece thrown by the appellants has also not supported the prosecution case and declared hostile. Thus, this fact has also not been established. ( 12. ) SINCE Jagdish Tiwari is an injured witness and he has given the evidence against the appellants for causing his marpeet finds support from the evidence of Rajendra Kumar tiwari (PW-1), Smt. Mauni Bai (PW-4) and Kusum (PW-7 ). There is no reason to disbelieve the evidence of an injured witness. His evidence alone is sufficient to convict the appellants. ( 13. ) THE written report (Ex. P-1) was submitted promptly at outpost Khaira Kala. There is no delay in lodging the report. The oral evidence given by the witnesses find support from written report Ex. P-1 and F. I. R. Ex. P-2. ( 14. ) JAGDISH Tiwari was examined by Dr. J. N. Pandey (PW-10) who found the following injuries on his person:- (i) Haematoma-bluish colouration- 5cm x 4cm x 1cm over left tympanomastoid region. (ii) Abrasion 3cm x cm over dorsum nose. (iii) Contusion 4cm x 1cm over middle neck right side. (iv) Haematoma 5 cm x 4 cm x cm over right forearm lower part dorsally. (v) Abrasion 1cm x cm over right dorsum hand lower part. (vi) Contusion 4cm x 1cm over right shoulder joint region superiorly. (vii) Abrasion 2cm x 1cm over anterior superior part of right iliac region. (viii)Contusion 3cm x 1cm over right thigh upper literally. (ix) Contusion 8cm x 3cm over right thigh antero laterally. (x) Abrasion cm x cm over knee joint region. (xi) Incised wound 2cm x cm x cm over left leg antero medially lower part. (xii) Abrasion 1cm x cm over left knee joint region. (xiii)Haematoma 4cm x 3cm x cm over left ankle joint medially. (xiv) Incised wound 3cm x cm x cm over right leg upper part anteriorly. (xv) Incised wound 3cm x cm x cm below just to injury no. (xiv ). (xvi)Abrasion 3cm x 2cm over ankle joint medially right side. According to his opinion, injury Nos. (xiii)Haematoma 4cm x 3cm x cm over left ankle joint medially. (xiv) Incised wound 3cm x cm x cm over right leg upper part anteriorly. (xv) Incised wound 3cm x cm x cm below just to injury no. (xiv ). (xvi)Abrasion 3cm x 2cm over ankle joint medially right side. According to his opinion, injury Nos. 1 to 10 and injury nos. 12, 13 and 16 were caused by hard and blunt object whereas the injuries No. 11, 14 and 15 were caused by sharp object. For knowing the nature of injury nos. 1, 4, 11 and 13 to 15 he was sent for x-ray examination to District Hospital, chhatarpur. Rest of the injuries were simple in nature. The injuries were caused within 24 hours of the examination. The medical report is Ex. P-15 which contains his signature. ( 15. ) THIS witness has further deposed that cumulative effect of these injuries was death if not treated immediately. However, he has admitted that he has not mentioned such fact in medical report (Ex. P-15 ). Thus the oral evidence of Jagdish tiwari finds support from the medical evidence given by Dr. J. N. Pandey (PW-10 ). ( 16. ) AS stated earlier, on x-ray examination, no bony injury was detected hence it is established that the injuries caused to jagdish Tiwari were simple in nature. The prosecution has not produced any bed head ticket regarding the admission of jagdish Tiwari in Civil Hospital, Chhatarpur or at Medical college, Gwalior. Thus the period is not ascertainable during which he remained hospitalized and got treatment. ( 17. ) THE immediate cause of crime is not shown. However, from the evidence, it reveals that the enmities were there in between the parties regarding landed property. He was called by appellant Santsharan through his sons Pawan and Deepu and as soon as he reached at the house of Santsharan, mijajilal inflicted lathi blow at his head and thereafter all the appellants inflicted lathis and ballam blows on account of which he sustained several injuries. Thus, they wrongfully restrained him throughout the night and he could only be rescued with the help of police on the next day. Thus, in these facts and circumstances of the case, the trial Court has not committed any illegality in finding them guilty for the offence under Sections 148, 324/149 and 342 of Indian Penal Code. Thus, they wrongfully restrained him throughout the night and he could only be rescued with the help of police on the next day. Thus, in these facts and circumstances of the case, the trial Court has not committed any illegality in finding them guilty for the offence under Sections 148, 324/149 and 342 of Indian Penal Code. The finding of guilt is hereby affirmed. The sentence not being excessive does not call for interference. This appeal is meritless and deserves to be dismissed. ( 18. ) CONSEQUENTLY, appeal fails and is dismissed accordingly. The appellants are on bail. Their bail bonds are cancelled. They are directed to surrender before C. J. M. , chhatarpur on 01. 07. 2009 for serving out the remaining part of their sentence.