MAHESH GROVER,J - (1.) THE petitioners are aggrieved by the judgment of the Additional Sessions Judge, Bathinda, dated 20.7.1993 by which their appeal filed against the order of the trial Court dated 23.1.1992 vide which they along with one Gurjant Singh were convicted under the provisions of Sections 326/324/323/34 of the Indian Penal Code and were sentenced as under was dismissed :- Nek Singh (i) Under Section 326 IPC : To undergo R.I. for one year and six months and to pay a fine of Rs. 500/- and in default to further undergo R.I. for two months. (ii) Under Section 324 IPC : To undergo R.I. for one year and to pay a fine of Rs. 200/- and in default to further undergo R.I. for one month. (iii) Under Section 323 IPC : To undergo rigorous imprisonment for six months. Chandan Singh (i) Under Section 326 IPC : To undergo R.I. for one year and six months and to pay a fine of Rs. 500/- and in default to further undergo R.I. for two months. (ii) Under Section 324 IPC : To undergo R.I. for one year and to pay a fine of Rs. 200/- and in default to further undergo R.I. for one month. (iii) Under Section 323/34 IPC : To undergo rigorous imprisonment for six months. To occurrence took place on 18.6.1989 at 4.00 p.m. resulting in the lodging of present FIR, which was registered on 19.6.1989 at 10.45 a.m. In the incident, the petitioners were said to have caused injuries to Nihal Singh, Hardiyal Singh and Gurdev Kaur wife of Hardiyal Singh. The parties are related, Nek Singh @ Harnek Singh being the brother of Nihal Singh and Hardiyal Singh; Chanan Singh the second petitioner is related to Nek Singh @ Harnek Singh. The genesis of the dispute as explained is regarding the possession of the land, which was alleged that on the date of occurrence when the complainant with Hardial Singh was proceeding to hoe their cotton fields, they were obstructed by the petitioners & Gurjant Singh, which resulted in a scuffle in which the three persons namely Nihal Singh complainant, his brother Hardial Singh and Gurdev Kaur w/o Hardial Singh suffered injuries. The details of the injuries as depicted in the Medico Legal Report suffered by each of the injured persons are as below:- Injuries on the person of Nihal Singh (1) A lacerated wound triangle shape present on head on the occipital region. Fresh clotted blood present. Scalp deep. Advised X-ray. (2) An incised wound 8 cm x 1.5 cm present on the laterial aspect of the right hip joint. Fresh clotted blood present. Advised X-ray. (3) A bruise 12" x 1.5" present on the lateral aspect of the chest on the right side. Reddish in colour. Injuries on the person of Hardial Singh (1) An incised wound 4 cm x 1 cm present on the posterior aspect of the right for arm. Fresh clotted blood present. Advised X-ray. (2) An incised wound 5 cm x 1 cm present on the medial aspect of the left forearm on lower part. Advised X-ray. Fresh clotted blood present. (3) A lacerated wound 4 cm x 1 cm present on the top of the head. Fresh clotted blood present. Advised X-ray. Injuries on the person of Gurdev Kaur (1) An incised wound 5 cm x 2 cm present on the top of the right shoulder. Clotted blood was present. X-ray advised. It was alleged that a Gandasa was used to cause the injuries, which were incised in nature.
(2.) THE police after investigation submitted a challan against the petitioners and one Gurjant Singh son of Nek Singh and they were subsequently charged for having committed offence under Sections 326/324/323/34 of the Indian Penal Code to which they pleaded not guilty and claimed trial. The prosecution in order to establish the guilt of the petitioners examined a number of witnesses including the doctor who had examined the injured persons and opined regarding the nature of injuries which have been explained in the MLR PW-6/A.
(3.) IN the statement recorded under Section 313 of the Cr.P.C., petitioners claimed innocence and took up a plea that Chanan Singh has also suffered injury, which is as below :- Injury of the person of Charan Singh (1) An incised wound 1 cm x .25 cm present over the radial aspect of right distal forearm just proximal to distal forearm crease. Margins odunatous. Clotted blood present. ;