(1.) The Judgment and order under appeal, as passed by the High Court of Punjab and Haryana is common to an occurrence which admittedly took place between two sets of people arraigned respectively as accused in the respective cross cases. Separate appeals however have been filed by both the parties. We need not go in to the details thereof. It is enough to mention that we have four accused persons on one side and four on the other. On one side, we have Balaur Singh and his sons, namely, Darshan Singh, Mukand Singh and Sant Sigh as accused persons; on the other side; we have Tara Singh, Naib Singh, Harnek Singh and Karnail Singh appellants - as accused persons. The person who died was Bhag Singh belonging to the latter mentioned party of Tara Singh and three others. The injuries received by Balaur Singh, Darshan Singh Mukand Singh and Sant Singh total up to 19, whereas the injuries on the side of Tara Singh, Naib Singh, Harnek Singh and Karnail Singh deceased distinctively was on his head, caused by menas of a Gandasa - the blow having been given by Darshan Singh, appellant.
(2.) Bhag Singh did not succumb to his injury instantaneously had to be taken to the hospital for treatment. Apparently, he was attended upon inasmuch as his wound was stitched. He died six days latter. According to the opinion of the Doctor, he died on account of coma and asphyxia because of the head injury. The other injuries on other persons need not be detailed out.
(3.) The consistent view of the two Courts below is that there was a free-fight between the parties and therefore each and every assailant was accountable for the individual acts performed by him. It is on that basis that cross convictions have been recorded by the Courts below and a measure of sentence has been set inasmuch as those found guilty of grievous hurts, be they be blunt weapon or sharp-edged weapon, have been sentenced to two years' R.I.; the ones guilty of causing simple hurt by sharp-edged weapon to one year's R.I. and the ones held guilty of causing simple hurt by blunt weapons have been sentenced to six months' R.I. there is smattering some fine here and there, in one or the other conviction.