(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 24.02.1997, rendered by the court of Additional Sessions Judge, Gurdaspur, vide which it convicted the accused (now appellants), and sentenced them as under :- Name of the accused (now appellants) The offence for which conviction was recorded. Sentence awarded Rajiv Kumar U/S. 307 IPC Rigorous imprisonment for five years. Fine of Rs. 1000/-. In default of payment of fine, to undergo rigorous imprisonment for three months. Rajiv Kumar U/S. 324 IPC Rigorous imprisonment for one year. Fine of Rs. 500/-. In default of payment of fine, to undergo rigorous imprisonment for two months. Rajiv Kumar U/S. 323/34 IPC Rigorous imprisonment for six months. Fine of Rs. 200/-. In default of payment of fine, to undergo rigorous imprisonment for one month. Ravinder kumar U/S. 307/34 IPC Rigorous imprisonment for five years. Fine of Rs. 1000/-. In default of payment of fine, to undergo rigorous imprisonment for three months. Ravinder Kumar U/S. 323 IPC Rigorous imprisonment for six months. Fine of Rs. 200/-. In default of payment of fine, to undergo rigorous imprisonment for one month. Ravinder Kumar U/S. 324/34 IPC Rigorous imprisonment for one year. Fine of Rs. 500/-. In default of payment of fine, to undergo rigorous imprisonment for two months. The substantive sentences of both the accused were ordered to run concurrently.
(2.) THE facts in brief, are that, on 29.07.1992 at about 2.30 PM Vijay Kumar along with his brother-in-law Prem Chand, was sitting in the shop of the latter. Gama Dhodi and Ravinder Kumar, accused were quarreling over dispute of money. Vijay Kumar and Prem Chand went to that place. Vijay Kumar got the matter compromised between Gama and Tavinder Kumar, accused. Thereafter, Vijay Kumar left that place. Rajiv Kumar alias Nita, accused, started abusing Vijay Kumar. Vijay Kumar asked Rajiv Kumar to desist from abusing him. Ravinder Kumar gave a Khauncha (an instrument for stirring milk) blow on the left arm below the elbow of Vijay Kumar. Rajiv Kumar alias Nita brought 'Datar' from his house, and gave a blow with the same on the head of Vijay Kumar, on the left side. On receipt of this injury, Vijay Kumar fell down. Again, Ravinder Kumar, accused gave a datar blow on the head of Vijay Kumar. Vijay Kumar become unconscious. The occurrence was witnessed by the Satish Kumar and Prem Chand. The accused ran away with their respective weapons. The injured was taken to Civil Hospital, Gurdaspur, where he was medicolegally examined.
(3.) ON their appearance, in the Committing Court, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, in the Court of Sessions, charge under Sections 307, 307/34, 324, 324/34, 323 and 324/34 of the Indian Penal Code, was framed against the accused, to which they pleaded not guilty, and claimed judicial trial.