J.M.Tandon, J. - (1.) PRITAM Singh (2)(sic) and his father Harbans Singh (40) have been convicted under Section 31(sic) and 324, Indian Penal Code, respectively by the Sessions Judge, Roopnagar vide order dated May 31, 1977. Pritam Singh has been sentenced to four year's rigorous imprisonment and Harbans Singh to one year's rigorous imprisonment.
(2.) THE prosecution case, as narrated by Santokh Singh injured is that the fields of the Appellants adjoins their fields in village Fur(sic) -khali. Some of their fields are situate across the fields of the Appellants About a month prior to the date of occurrence which took place on February 27, 1977, he,(sic) Siri Parkash Singh and his brother Karam Singh P.W. were irrigating their land from their tubewell. The water course leading to their field which was being irrigated ran past the intervening field of the Appellants along the Pahi Pritam Singh Appellant came there and said that he would not allow the water to pass through that water course. He (Santokh(sic) Singh) told him that they would not stop irrigating their field from that water course. Pritam Singh Appellant felt annoyed and said that he would teach them a lesson in a few days On February 27, 1977 at about 9.10(sic) P.M., he and his brother Karam Singh were returning from their tubewell. As they reached near the field of Amar Singh they found the two Appellants and Karnail Singh lying ambush Pritam Singh gave a kara(sic) that they be caught hold of and finished. Pritam Singh was armed with Gandasi, Harbans Singh with a Sarajang, and Karnail Singh with a Gandhali Pritam Singh rushed towards him and stopped him from proceeding further. He gave a Ganadasi below on his head on the right side. He fell down and raised alarm. Karam Singh entreated the Appellants to desist from causing any further injury to him Harbans Singh gave a Safsjang(sic) blow on the right arm of Karam Singh, Harbans Singh also gave one Safaiang(sic) blow on his right hand. Karnsil(sic) Singh (Since acquitted) gave a Gandhali blow on his right leg. On hearing the alarm Bachan Singh and Naib Singh arrived there and witnessed the occurrence. Karnail Singh gave two Gandhali(sic) blows on Karam Singh's head. The Appellants and Karnail Singh then (sic) away with their respective weapons. It was a moon lit night. The injured were taken to their house and removed to Civil Hospital, Ropar where they reached at 2.30 A.M. They were medically examined the police was informed. The Appellants were arrested. After the completion of the investigation, the Appellants and Karnail Singh were challaned under Section 307, 32(sic), 323 read with Section 34 Indian Penal Code. The learned Sessions Judge, Ropar, acquitted Karnail Singh, but convicted and sentenced the Appellants as stated above. It is against this order that the present appeal has been filed. The prosecution case has been supported by P. Ws Santokh Singh and Karam Singh, who received injuries as also by P. W. Bachan Singh
(3.) SANTOKH Singh was medically examined at (sic) P.M. on February 28, 1977, in the Civil Hospital, Rupnagar by Dr. K.K. Kapur and three incised wounds apart from complaint of pain were found Injury (sic) which the doctor declared dangerous to life is: - An incise(sic) wound (sic)3/4 à - 2.5 cms à - bone deep on the right side of scalp with clean but marging and papping dges,(sic) extending from the outer and of right eye brow upwards and backwards. A big blood clot was present in the wound.........;