A.S.NEHRA, J. - (1.) THE petitioners, namely, Balkar Singh, Mohinder Singh and SatpalSingh, were convicted and sentenced by the Judicial Magistrate 1st Class, Tarn Taran, vide his judgment dated 7.2.1986, as under:- Balkar Singh appellant Under Section 326 IPC To undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,500/- and, in default of payment of fine, to undergo further rigorous imprisonment for six months. Under Section 324 IPC To undergo rigorous imprisonment for one year. Under Sections 323/34 IPC To undergo rigorous imprisonment for six months. Mohinder Singh appellant Under Sections 325/34 IPC To undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and, in default of payment of fine, to undergo further rigorous imprisonment for four months. Under Section 324 IPC To undergo rigorous imprisonment for one year. Under Sections 323/34 IPC To undergo rigorous imprisonment for six months. Satpal Singh appellant Under Sections 326/14 IPC To undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/and, in default of payment of fine, to undergo further rigorous imprisonment for four months. Under Section 324 IPC To undergo rigorous imrpisonment for one year. Under Sections 323/34 IPC To undergo rigorous imprisonment for six months. All the substantive sentences of imprisonment of each of the petitioners were ordered by the Judicial Magistrate Ist Class, Tarn Taran, to run concurrently.
(2.) ON appeal, the Additional Sessions Judge, Amritsar, vide his judgment dated 14.7.1986, convicted Balkar Singh alone under Section 326, Indian Penal Code, and all the petitioners, namely, Balkar Singh, Mohinder Singh and Satpal Singh were convicted under Sections 324/34 and 323/34, Indian Penal Code. The sentence of imprisonment in the case of Balkar Singh-petitioner under Section 326, Indian Penal Code, was reduced to nine months rigorous imprisonment, while the fine was enhanced to Rs. 2,000/- and, in default of payment of fine, he was ordered to undergo further rigorous imprisonment for six months; the sentence imposed on each of the petitioners under Sections 324/34, Indian Penal Code, was modified and each of the petitioners was sentenced to pay a fine of Rs. 2,000/- and, in default of payment of fine, to undergo rigorous imprisonment for six months; the sentence imposed on each of the petitioners Under Sections 323/34, Indian Penal Code, was modified and each of the petitioners was sentenced to pay a fine of Rs. 500/- and, in default of payment of fine, to undergo rigorous imprisonment for three months; and with the aforesaid modification in the convictions and sentences, the appeal of the petitioners was dismissed by the Additional Sessions Judge, Amritsar. Briefly stated, the prosecution story on the basis of statement Exhibit PG of Balwinder Singh-complainant, is as under : On 7.9.1982 at about 8.00 p.m., Balwinder Singh- complainant along with his brother Sukhwinder Singh and father Tara Singh, was standing in front of the school near their house. Mohinder Singh accused armed with a gandasi, Satpal accused armed with a gandasi and Balkar Singh accused armed with a kirpan, came there. Mohinder Singh accused raised a lalkara that they would not allow them to run and he gave a gandasi blow which hit on the left side of forehead of Balwinder Singh, as a result of which he fell down and, when his brother Sukhwinder Singh and father Tara Singh came forward, Balkar Singh accused gave a kirpan blow to Sukhwinder Singh who, in order to ward off the blow, raised his right arm but received injury on his little and third fingers of the right hand. On receipt of the injuries, Sukhwinder Singh also fell down. Then Satpal Singh accused gave a gandasi blow to Tara Singh on the left side of his head. On receipt of this injury, Tara Singh also fell down. While the injured were lying fallen, Mohinder Singh, Satpal Singh and Balkar Singh, accused, gave them more injuries with their respective weapons. On the raula raised by the injured, Jagir Singh, brother of Balwinder Singh complainant, also came to the spot. He also raised alarm on which, the accused ran away from the spot with their respective weapons. After arranging conveyance, Ajaib Singh son of Ram Singh brought the injured persons to the Civil Hospital, Tarn Taran, where they were medically examined.
(3.) THE motive for causing injuries was alleged to be that Satpal Singh accused etc. got arranged the marriage of Sukhwinder Singh, brother of Balwinder Singh-complainant, at Tarn Taran but, later on, they refused to accept the marriage proposal for which, the accused had a grudge against them. The complainant-party did not report the matter earlier because the respectables of the village tried to get the matter compromised, but they could not succeed.;