P.W-2 Doctor, P.W-3 father of P.W-1, P.W-4 to P.W-7, even though the Prosecution had treated P.W-4, P.W-5 and P.W-7 had turned hostile. There are materials available to support the Prosecution case as the occurrence had taken place. Therefore, on proper appreciation of evidence, the learned Principal Sessions Judge had arrived at a conclusion that the charges against Accused 1 to Accused 5 under Sections 147 and 294(b) of IPC were proved and the charge against Accused 1, 3 to 5 under Section 323 of IPC has been proved and the charge against the Accused 2 alone for the offence under Section 324 of IPC was proved. Also the Learned Additional Public Prosecutor submitted that pain also attracts punishment. The same is undiscussed by the learned Principal Sessions Judge in the judgment and had rightly convicted the Accused. Further, the learned Additional Public Prosecutor would submit that the trial Judge had the chance of observing the demeanour of witness and Accused. Therefore, on the same set of facts even if the appellate Court arrives at a contrary conclusion, the findings of the appellate Court shall not be thrust upon the trial Court judge. Therefore, the appeal lacks merit and finding of the learned Principal Sessions Judge is to be confirmed and the appeal is to be dismissed.
