M.M.AGGARWAL, J. - (1.) THIS judgment shall dispose of two appeals on filed by Baldev Singh, Shingara Singh, Surinder Singh and Ujagar Singh and another by Gursewak Singh, Karora Singh, Gurcharan Singh, Kahla Singh and Harnek Singh. Baldev Singh, Shingara Singh, Surinder Singh and Ujagar Singh were convicted for offence under Section 308 IPC and sentenced to undergo RI for 4-1/2 yeas, whereas other accused i.e. Gursewak Singh, Karora Singh, Gurcharan Singh, Kahla Singh and Harnek Singh were sentenced to undergo RI for 3-1/2 years. Karora Singh accused was convicted for offence under Section 326 IPC and sentenced to undergo RI for 3-1/2 years and fine of Rs. 500/- and in default of payment of fine to further undergo RI for two months. Whereas all other accused i.e. Baldev Singh, Shingara Singh, Surinder Singh and Ujagar Singh were convicted for offence under Section 326/149 IPC and sentenced to undergo RI for 2-1/2 years each and pay fine of Rs. 500/- and in default of payment of fine to further undergo RI for two months. Further for offence under Section 148 IPC, these appellants were convicted and sentenced to undergo RI for two years.
(2.) AT the outset, Shri P.K. Gupta, counsel for the appellants had stated that Karora Singh and Ujagar Singh appellants have since died during pendency of the appeal. Prosecution case against appellants is that on 17.3.1989 at 12 noon Baldev Singh, Ujagar Singh, Shingara Singh and Nachhatar Singh accused-appellants armed with Gandasi, Surinder Singh armed with Salang, Karora Singh armed with a Spear came along with Gurcharan Singh, Gursewak Singh, Nek Singh and Kala Singh, who were empty handed. They challenged Harbans Singh by saying that Harbans Singh and his helpers would not be spared. Then Baldev Singh accused gave a Gandasi blow on the head of Hardial Singh. Surinder Singh gave a Salang blow on the right shoulder of Hardial Singh. Ujagar Singh gave a Gandasi blow on the head of Hardial Singh. Nachhatar Singh gave a Gandasi blow on the right arm of Hardial Singh. Shingara Singh gave a Gandasi blow, which hit Hardial Singh on right thumb. When Harbans Singh tried to intervene, Karora Singh attacked with his spear and gave Harbans Singh spear blows one on his right shoulder and the other on his right hand. Ujagar Singh gave a blow on Harbans Singh which hit him on the right eye. Gurcharan Singh, Nek Singh, Kala Singh and Gursewak Singh who were empty handed gave fist blows on the person of Hardial Singh, as a result of which Hardial Singh fell down. All the accused continued causing injuries on the person of Hardial Singh. This occurrence was witnesses by Gurmel Singh and Gurdarshan Singh. Matter was reported to the police. Case for offence under Sections 308/148/149 was registered. It was investigated. Then after investigation, accused-appellants were sent for trial. Nachhtar Singh who was one of the accused had died before challan could be presented. After trial, prosecution case against accused appellants was found to be proved. They were accordingly convicted and sentenced as aforesaid.
(3.) IN the present case, on examination of Hardial Singh, as many as 21 injuries were found on his person. Some of the injuries were referred for X- ray examination, but found to be simple in nature. There were four injuries on the person of Harbans Singh, out of which three were simple. Injury No. 4 which was on distal part of the right middle finger was found grievous on X- ray examination. It had been attributed to Karora Singh accused.;