KAN SINGH, J. - (1.) ACCUSED Mangal Singh and Sahab Singh were convicted by the Assistant Sessions Judge No. 1, Dholpur of offences under Sections 326 and 326 read with Section 34 Indian Penal Code respectively Each one of them was awarded a sentence of three years' rigorous imprisonment with a fine of Rs. 250/ -; in default six months' further rigorous imprisonment. The learned Assistant Sessions Judge further ordered that at amount of Rs. 250/ - out of the fine, if realised, shall be paid to injured Gordhana. The accused lodged an appeal before the learned Sessions Judge Bharatpur which was transferred to the learned Additional Sessions Judge Dholpur who had dismissed it and maintained the conviction and the sentence awarded to the accused petitioners. They have come up to this Cour in revision.
(2.) THERE was bad blood between P.W. 1 Gordhana and the two accused on account of a dispute about an agricultural land. Mangal Singh was the son aged about 14 years at the time and Sahab Singh was his father. After the death of one Lochan, his widow had sold away Lochan's share in the agricultural land to Smt. Janak Pyari, wife of accused Sahab Singh. Lochan's land was joint with the land of Gordhana's father. Lochan had no son and, therefore, Gordhana and his father Dwarka considered themselves entitled to inherit Lochan's share in the land as the land had not been partitioned by metes and bounds. The accused, on -the other hand, wanted to -have the share of Lochan on the basis of the alleged sale. On the night between 3rd and 4th of October, 1968, Gordhana (P.W. 1) was sleeping outside his house in village Tehaniapura. While he was asleep on the cot, the two accused had attacked him. Mangal Singh was armed with a sword and Sahab Singh with a lathi. They first asked Gordhana to hand over Lochan's land to them otherwise they would kill him. Gordhana expressed his inability to do so. Thereupon, Mangal Singh gave a sword blow to Gordhana on the left parietal of the head. He repeated the blow which fell on the hand cutting the little finger. The third blow, which Mangal Singh gave, resulted in the injuries to the little and ring finger of the right hand. Sahab Singh who was With his son gave a lathi blow on the head of Gordhana. On hearing the cries of Gordhana, his brother Akhar (P.W. 2) and Banshi Thikur (P.W. 3) came to the spot. Also P.W.5 Smt. Ayodhya and P.W.6 Smt. Dropati came there. Seeing them, the two accused filed away. On the following day Gordhana lodged information at Police Station, Mania at about 2 p.m. The first information report was Ex P. 1 in the case. The police registered a case against the two accused and investigated the matter. The site was inspected and the scabbard of the sword that was carried by Mangal Singh was recovered from the site. Further, the Sub -Inspector noticed marks of blood on the 'chabutra' where Gordhana was sleeping on the cot. The injuries of Gordhana were examined by Dr. Dalip Singh, the Medical Officer at Dholpur. Gordhana had the following injuries on his person: 1. Incised wound 1' X 1/2' X bone deep on the hair line above the centre of the nose from left to right and below upward. The wound is horizontal and there is mark of injury on the frontal bone in the central part of the wound. 2. Ecchymosis at the left upper and lower lids and no injury to the eye balls. 3. Incised wound 4' long starting from 1/4' left eye brow on the left forehead and extending upto face 3/4' in front of the juncture of the upper two -third and lower one -third of the left lobules of the ear, into 3/4' X muscle deep from outer to inner side and from below upward.
(3.) INCISED wound 1' X 1/6' X 1/8' on back of the lower one -third of the left fore -arm.;