G.S.CHAHAL, J. - (1.) LAKHA Singh and Sukha Singh were tried before Shri L.R. Roojam Judicial Magistrate Class Dasuaya for offences under sections 326 and 323 read with section 34 of the Indian Penal Code. After trial, they were convicted and sentenced as follows : Name of the petitioner Provisions of the Indian Penal Code Senten Lakha Singh Under Section 326 Rigorous imprisonment for one year and fine of Rs. 500/- or in default thereof,$ further RI for 3 month Under Section 323/34 RI for 4 month Sukha Singh Under Section 326/34 RI for 9 months and a fine of Rs. 500/- or in default thereof, further RI for 3 month " Under Section 323 RI for 4 months. Both the sentences of the petitioners were directed to run concurrently. Out of the fine, if and when recovered, a sum of Rs. 500/- was directed to be paid to Shangara Ram, injured.
(2.) THE petitioners preferred separate appeals which were heard by Sh. R.I. Gaind, Addl. Sessions Judge, who dismissed the same on 4-3-86. Against that judgment, they have come up in revision to this Court. Brief facts of the prosecution case are that on 20-1-84, at about 7.30 p.m., Shangara Ram who is a resident of village Kainthan, Police Station Dasuya was returning to his house after making purchases. On reaching near the shop of Surta Singh, he saw both the petitioners, his co-villagers, hurling abuses to Tirth Singh. He asked the petitioners not to abuse Tirath Singh. At that time, both the petitioners were under the influence of liquor. They felt offended and started abusing Shangara Ram. Lakha Singh raised a Lalkara to teach a lesson to Shangara Ram and gave a Datar blow on his head. On receipt of this injury, Shangara Ram fell down. Sukha Singh who was carrying a Gandasi, gave a blow with it from down. its wrong side on the Upper portion of his arm. Alram raised by the injured person attracted Amar Chand, Bahadur Chand and Mangal Dass, PWs to the spot who intervened. Thereupon both the petitioners, ran away. Shangara Ram' went to the hospital where he was medically examined. Intimation to this effect was sent to the Police. He, being not fit to make a statement, the Police had to adjourn the recording of his statement till the next day. On 21-1-84 at 11.30 a.m., his statement was recorded and a case was registered.
(3.) DR . V.K. Kaushal who examined Shangara Ram affirmed having found the following two injuries on his person : "There was an incised wound 9 cm x 1-1/2 cm, into bone deep going backward and upwards in the middle. The lower part of the wound was 9 cm. above the naison and the distril under the wound was 17 cm from both the pinnas upper borders. Wound was in frontal and parietal part of skull. Advised x-ray skull. A.P. and laterals views kept under observation. Fresh bleeding was present. 2. There was red colour contusions on the posterior lateral aspect of left humerus and it was going upwards and backwards, from lateral border of the humerus. It was 14 cm. x 7 cm. Lower end of the wound 3 cm. above the left olecration. The underline bone tender, advised x-ray of left humerus including left sholder and left elbow joint. After x-ray of injury No. 1, it was declared to be grievous and No. 2 was declared as simple. The prosecution also relied upon statements of Bahadur Chand and Mangal Dass, besides that of Shangara Ram, as witnesses to the occurrence. ;