- (1.) THE present appeal has arisen from judgment/order of sentence dated 2-4-1996 of the Additional Sessions Judge, faridkot (hereinafter described as 'the trial court') by which Lugga Singh and Gurjant singh alias Gora Singh (appellants) have been convicted and sentenced as under :-Lugga Singh for offence under Section 307 of the IPC : to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for one month. Gurjant Singh alias Gora Singh for offence under Section 307/34 of the ipc :- to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/-and in default of payment of fine, to further undergo rigorous imprisonment for one month.
(2.) ON 22-5-1994 at about 8. 00 p. m. Kulwant Singh (complainant) was injured when the appellants attacked him. Appellant-Lugga Singh is said to have given a gandasi blow on the head of the complainant, as a result of which the following injury was suffered by the latter :- "an incised wound 14 cm x 1-1/2 cm x bone deep on the right side of head and forehead. Wound was longitudinal antero-pos-terior. Wound commenced from the upper part of forehead 4-1 /2 cm above the right eye brow and 4 cm right of midline and terminated posteriorly on the parietal region of head 9 cms above the upper border of the pinna of right ear. Fresh bleeding was present, X-ray was advised. "
(3.) THE reason for the altercation was that both the appellants, who are labourers, objected to the complainant for working at a lesser rate for harvesting the sun-flour crop in the village.;