SATPAL, J. - (1.) THIS appeal is directed against the judgment and order, dated 30th August, 1986, passed by Shri J.P. Gupta, Additional Sessions Judge, Amritsar whereby the learned Additional Sessions Judge convicted accused Deepa under Section 326, Indian Penal Code and accused Bara Singh under Sections 326/34, Indian Penal Code and sentenced Deepa accused to undergo rigorous imprisonment for two years and to pay fine of Rs. 2,000/- or in default to undergo further rigorous imprisonment for six months and accused Bara Singh to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- or in default to undergo further rigorous imprisonment for three months.
(2.) BRIEFLY stated, the facts of the case are that injured Anokh Singh (P.W.6) had gone to village Harr in a marriage party of his sister's son on 2nd December, 1984 and when he was coming back after taking the meals to Janjghar at about 2 p.m., he found accused Bara Singh and one Inder Singh (P.W.7) quarrelling. When the injured tried to intervene, accused Bara Singh is alleged to have exhorted his co-accused Deepa to give a knife blow to him, and thereafter Deepa accused gave a knife blow hitting him on the left side of his abdomen. Prosecution besides the injured also examined the other eyewitness Inder Singh (P.W.7), Om Parkash (P.W.1), Dr. Ravi Mahajan (P.W.2), Shakti Chand, (P.W.3) Dr. Sudershan Kumar (P.W.4), Dr. Satnam Singh (P.W.5) and the Investigating Officer, A.S.I. Gurmail Singh (P.W.8) to prove the case. The prosecution also tendered in evidence the affidavits Exhibits P.W.9 and P.W.10 of Constable Harbans Singh and MHC Gian Singh. Relying on the aforesaid evidence, the learned Additional Sessions Judge has convicted and sentenced the accused as stated hereinabove.
(3.) THIS case was shown as No. 1 in the cause list of cases, fixed for final hearing today. The case was called twice but none appeared on behalf of the appellants. However, Mr. Garg, learned counsel for the State, was present and with his able assistance, I have gone through the grounds of appeal, the impugned judgment and the records of the case.;