- (1.) Impugned in the present revision is the judgment dated 21.5.2014, passed by the learned Additional Sessions Judge, Kapurthala, affirming with modification, the judgment and order dated 13.3.2012, passed by the learned Sub Divisional Judicial Magistrate, Sultanpur Lodhi in the complaint case titled as Chanan Singh v. Sadhu Singh and another, vide which the petitioners were convicted under Sections 323, 324, 326 and 452 read with Section 34 IPC and sentenced as under:- "RI for a period of six months for the offence punishable u/s 323 of Indian Penal Code; they are also sentenced to undergo RI for a period of one year for the offence punishable u/s 324 of Indian Penal Code; they are also sentenced to undergo RI for a period of one and a half year and to pay fine to the tune of Rs.100/- each, for the offence punishable u/s 326 read with Section 34 IPC and they are also sentenced to undergo RI for a period of one year and to pay fine to the tune of Rs.100/- each, for the offence punishable u/s 452 read with Section 34 of Indian Penal Code. All the sentences shall run concurrently."
(2.) However, the learned Additional Sessions Judge at the same time set aside the conviction and sentence of the petitioners under Section 326 IPC and instead Sadhu Singh petitioner was convicted under Section 324/34 IPC and Balwinder Singh was convicted under Section 324 IPC. However, conviction and sentence of Sadhu Singh and Balwinder Singh under Sections 452, 324, 323/34 IPC was upheld. Prayer made by the complainant for enhancement of sentence was declined.
(3.) The case of Chanan Singh -complainant before the trial Court was that on 7.6.2007 at about 8.00 a.m., Chanan Singh -complainant along with his son Jagjit Singh, Rajwinder Kaur wife of Jagjit Singh and Gurdeep Kaur wife of complainant were present in the house. Both the accused, after entering their house, caused injuries to them. Balwinder Singh was armed with Kirpan and Sadhu Singh was armed with Takwa. On exhortation raised by Sadhu Singh, Sadhu Singh gave Takwa blow on the forehead of the complainant. He gave another blow of Takwa from its reverse side on the back of the complainant. When Jagjit Singh came forward to rescue his father, then Balwinder Singh gave sword blow which hit on the left hand of Jagjit Singh and another sword blow which hit on the left arm of the complainant. The blow given by Balwinder Singh with sword hit left hand finger of Jagjit Singh. Both accused also gave fist blows.;