(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 27.07.1999, passed by the learned Additional Sessions Judge Gurdaspur, whereby both the appellants were convicted for the offences under Sections 450/324/323 IPC and were sentenced, accordingly. Since the complainant-injured Swinder Singh has also filed Criminal Revision No.1273 of 1999 (Swinder Singh Vs. Dharam Singh etc.) seeking enhancement of the sentence, the appeal as well as the revision petition are being decided vide this common judgment.
(2.) The criminal law was set into motion by Swinder Singh son of Dhian Singh while getting recorded his statement as Ex.PB. The prosecution story, when put in a narrow compass, was that on 09.05.1992 at about 9 p.m., when Swinder Singh was sitting in his behak situated in his fields along with his wife Mohinder Kaur and children, his brother Dharam Singh armed with kirpan and Dharam's son Sant Singh armed with datar came there. Both the accused were under the influence of liquor. They raised a lalkara that Swinder Singh be taught a lesson for demanding share in the land. Hearing that, Swinder Singh bolted himself in a room. The accused broke open the door and trespassed into the house. Accused Dharam Singh gave three blows with his kirpan which hit on head of Swinder Singh. Thereafter, accused Sant Singh gave two consecutive blows of datar which hit on the left wrist and index finger of the right hand of Swinder Singh. Complainant tried to ward off the blows, Dharam Singh gave two blows with his kirpan which hit on the back of the complainant.
(3.) Thereafter, accused Sant Singh gave two consecutive blows from the reverse side of his datar which hit on the arms of the complainant. On seeing and hearing of this, Mohinder Kaur, wife of the complainant, hurled brick bats in order to rescue the complainant. The accused ran away from the spot with their respective weapons. The motive behind the assault was that the complainant and accused Dharam Singh were real brothers and there was a dispute regarding the inheritance of agricultural land left by their father. The civil litigation was pending between the parties and the complainant was demanding his share in the land from the accused.