Arijit Pasayat, J. - (1.) Leave granted.
(2.) Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court upholding conviction of the appellants (hereinafter referred to as the accused) under Sections 323, 325 and 326 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) and sentence as imposed by the trial Court which had sentenced each to undergo rigorous imprisonment for three months, two years and seven years respectively with separate fines for each of the alleged offences with default stipulations.
(3.) Background facts leading to the trial of the accused appellants are as follows: The case was registered on the basis of information lodged by Piara Singh (PW-6), which was recorded on 10.11.1989 at about 2.00 a.m. According to the informant, he and his son Sham Singhs wife Sito (PW-7) were sitting in the courtyard of the house of Sham Singh (hereinafter referred to as the deceased). It was about 11.00 a.m. on 9.11.1989 when deceased was coming from the village after purchasing vegetables. When he reached near the house of Janta Singh, son of Dharam Singh, Harbans Kaur (A-1) armed with a Gandasi and Mitta Singh (A-2) armed with a lathi were present there. Mitta made an obscene gesture. At this Mitta Singh and the deceased exchanged hot words and abused each other. Harbans Kaur gave a Gandasi blow on the right hand of the deceased, which caused a grievous injury. Mitta Singh gave a lathi blow on the left foot of the deceased and also gave a thrust blow of lathi on the left side of his head. Deceased fell down on the ground. The occurrence was witnessed by Piara Singh (PW-6) and Sitto (PW-7). Both of them took Sham Singh injured to their house. When Piara Singh and Sito raised alarm, both the accused persons ran away from the spot. Since the condition of Sham Singh became serious during the night time, he was taken to the Primary Health Centre, Ratia. On 10.11.1989 at night at about 0.15 a.m. Dr. O.P. Kakkar examined Sham Singh. He found injury No.1 which was an incised wound in the middle phalanx of the index finger of right hand. The second injury was an abrasion on the lateral side of upper 1/3rd part of left leg and the patient complained of pain on different parts of the body. Dr. O.P. Kakkar sent information to the Police Station, Ratia. ASI Ram Ratan reached the Primary Health Centre and recorded the statement of Piara Singh which is the FIR. On the basis of this statement, FIR was recorded by ASI Bharat Singh. Sham Singh expired at about 1.50 a.m. on 10.11.1989. Hence, information to this effect was sent. ;