K.P.S.SANDHU, J. - (1.) JASS Singh aged 19 years, Jagir Singh aged 16 years, and Bhira aged 17 years, all brothers, stand convicted and sentenced by the Additional Sessions Judge, Amritsar, vide his judgment dated April 23, 1981 as follows :- Jassa SinghandJagir Singh U/s 326 I.P.C.U/s 320/34 IPC R.I. for two years and to pay a fine of Rs. 250/- In default R.I. for three months.R.I. for one year and to pay a fine of Rs. 100/-. In default to undergo R.I. for one months. Bhira U/s 324/34 IPCU/s 324 IPCU/s 326/34 IPC R.I. for nine months.R.I. for nine monthsR.I. for two years and to pay a fine of Rs. 250/-. In default R.I. for three months. U/s 326/34 IPC R.I. for one year and to pay fine of Rs. 100/-. In default R.I. for three months. The case of the prosecution is that Surjit Singh and Avtar Singh P.Ws had a regular account with Commission Agents M/s Kundan Lal Kewal Krishan at village Amarkot. On July 15, 198 at about 1 P.M. these two P.Ws vere proceedings towards Amarkot to settle their account with their Commission Agents, when on the way they met Dalip Singh P.W. He had also to go to the same Commission Agent. All these P.Ws found after reaching Amarkot that the Commission Agents shop was closed on that day. Suddenly all the three appellants appeared there. Jassa Singh appellant was armed with gandasi while the two other appellants had takua each. Jassa Singh opened the attack and caused a gandasi blow to Surjit Singh which hit him on the left eye-brow. Surjit Singh further received one injury at the hands of Bhira appellant on the back of his head. Jagir Singh gave another takua, while Surjit Singh was lying on the ground, one blow each was given by the Jassa Singh and Bhira appellants. On raula being raised by Avtar Singh and Dalip Singh, ail the three appellants left the spot with their respective weapons. The injured was immediately removed to the hospital at Amritsar, where be was medically examined by Dr. S. K. Mahajan, P.W. 2. Following injuries were found on his person :- 1) An incised wound 2 cm. x 2 cm. x bone deep on the outer side of left eye brow. Wound was bleeding. Underneath bone was cut. 2) An oblique incised wound 7 cm. x 3 cm. x bone deep on left side of face underneath bone was cut and bleeding was present. 3) An incised mound 4 cm. x 2 cm. x through and through of left side of lower lip. 4) An oblique incised wound 4 cm. x 1/2 cm. x bone deep on right side of fack of head 3 cm. from occipital protuberance and I cm. from mid-line. 5) An abrasion 3 cm. x 1 cm. on inner and back side of left forearm in its lower one-third. Injuries Nos. 1 and 2 were grievous in nature and Nos. 3 4 and 5 simple in nature. Injuries Nos. 1 to 4 were opened to have been caused with sharpedged weapon while injury No. 5 was the result of blunt weapon. On the same day the injured was operated by Dr. Dharam Pai, P.W. 9. In the opinion of Dr. S.K. Mahajan, P.W.. 2. injury No. 2 on the person of Surjit Singh would have proved dangerous to life but for timely medical aid.
(2.) AVTAR Singh P.W. 5 went to the police station and made a statement at 7 P.M. which is exhibit PF on the basis of which the case was registered. All the three appellants were arrested on July 24, 1980. The cause of the dispute was that Surjit Singh P.W. according to these appellants had abused the appellants while under the influence of liquor, 3/4 days prior to this Occurrence.
(3.) WHEN examined under section 313. Code of Criminal Procedure, 1973. to enable them to explain the circumstances, appearing against them in the prosecution evidence, all the three appellants took tip the plea of denial simpliciter and pleaded false implication. In defence, they produced Dr. Manmohan Singh, D. W. I who had examined Bhira appellant and found him disabled person due to the deformity of the left arm.;