K.P.S.SANDHU, J. - (1.) THE two appellants, namely, Gurdev Singh and his father Harbans Singh have come up in appeal against their conviction under section 307 read with Section 34, Indian Penal Code. They were sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 300/- each, in default of payment of fine to undergo further rigorous imprisonment for a period of three months each, by the learned Additional Sessions Judge, Bathinda, vide his judgment and order dated 12th January, 1983.
(2.) BOTH the appellants are alleged to have caused injuries to Bhagwant Singh son of Jang Singh complainant (P.W.3) on 16th September, 1982 at about 7 A.M. in the area of village khokkar khurd, while Harbans Singh appellant was armed with gandhali (Exhibit P2) and Gurdev Singh appellant was armed with takua (Exhibit P1). The first information report in this case was recorded on the basis of the statement of Jang Singh (P.W.3) at 12.25 P.M. on the same day at Police Station, Mansa.
(3.) DR . A.K. Bansal (P.W1) medically examined Bhagwant Singh injured (P.W.6) at 8.15 A.M. on 16th September, 1982, and found the following injuries on his person :- "1. Lacerated wound 6.5 cm x .5cm. x scalp deep and 5 cm. above the medial end of right eye-brow and 1.5 cm. from the midline on the fore-head (right side). Advised X-ray. 2. Incised wound 7cm. x. 75cm. x scalp deep and 2cm. from injury No. 1 Lower end of the wound was 3.5 cm. from the right eye brow. Wound was present on the fore-head. X-ray was advised. 3. Incised wound 5cm. x 1.5 cm x scalp deep at 2.5 cm. from the injury No. 2 on the right side of fore-head. Lower end of wound was .5 cm. from the right eye-brow. X-ray was advised. 4. Incised wound 2 cm. x .5 cm. x muscle deep and 1.5 cm. below injury No. 3 and .5 cm. from the lateral end of right eyebrow on the right temple. X-ray was advised. 5. Lacerated wound .75 cm. x. 5 cm. x muscle deep and 4cm. above and behind injury No. 3 on the right parietal region and 8 cm. from the root of right pinna. X-ray was advised. 6. Incised wound 2.5 cm. x .5 cm. on the back of left pinna near its root and in the upper part. Fresh bleeding was present from the wounds described above i.e. from No. 1 to No. 6. 7. Diffused swelling tender 10 cm. x 4 cm. present on the right temporal and parietal region and 4 cm. from the external angle of right eye. X-ray was advised. 8. Diffused tender swelling 8 cm. x 5 cm. present on the left temporal region and 4 cm. from lateral end of left eye-brow. ;