Adarsh Kumar Goel, J. - (1.)This order will dispose of Criminal Revision No. 29 of 1990 filed by Gumam Singh and Criminal Revision No. 30 of 1990 filed by Swaran Singh.
(2.)The petitioners have been convicted under sections 326/324/323/34 Indian Penal Code and each of them is sentenced to undergo RI for two years and to pay a fine of Rs. 1000.00, in default to undergo further RI for three months under section 326 Indian Penal Code to undergo RI for six months and to pay a fine of Rs. 500.00, in default to undergo further RI for two months under section 324 Indian Penal Code and to undergo RI for three months and to pay a fine of Rs. 200.00, in default to undergo further RI for one month under section 323 Indian Penal Code. All the sentences were ordered to run concurrently. The appellate Court affirmed the conviction and sentence with the only modification that the amount of fine was ordered to be paid to Harpal Singh injured.
(3.)The case of the prosecution is that on 14.12.1984, at 5.15 P.M. petitioners Gurnam Singh and Swaran Singh and one Kulwant Singh (whose name was dropped by the complainant during trial, as he was not served) caused grievous and simple injuries to Harpal Singh complainant. There was dispute about a plot of land, which was the motive for the accused to cause injuries to the complainant. One day before the occurrence, there was a quarrel on taking up of soil from the fields. It is alleged that when the complainant passed from the front of the house of accused Kulwant Singh, Swaran Singh armed with a dang, Gurnam Singh armed with a toki and Kulwant Singh armed with a spear (barchha) came from the house of Kulwant Singh and on giving of lalkara by Kulwant Singh, complainant was over powered and while Swaran Singh gave a dang blow on the right ankle of the complainant; Kulwant Singh gave two barchha blows and Gurnam Singh gave lathi blow on the right knee of the complainant. On medical examination, Dr. B.L. Barisal found the following injuries on the complainant :
"1. Incised wound 5 cm x 0.5 cm into bone deep cut on the left eyebrow.

2. Incised wound with swelling of the eye 3 cm x 0.5 cm below the left eye with chemosis and redness.

3. Incised wound 3 cm x 0.5 cm on the right knee joint.

4. Lacerated wound 3 cm. x 3 cm on the right ankle."
Injuries No. 2 to 4 were declared by doctor to be simple in nature and the complainant was advised x-ray with regard to injuries No. 1 and 2. Doctor gave the opinion that the injuries had been caused within fresh duration. In the option of doctor, injuries No. 1 to 3 had been caused with sharp edged weapon and injury No. 4 was the result of blunt weapon. Ex. PW5/A is the carbon copy of medico-legal report with regard to. Harpal Singh complainant and Ex. PW5/R is the pictorial diagram showing the sites of injuries.