(1.) By means of this judgment, two Criminal Appeals, particulars whereof are given in the heading, are being disposed of, as both the appeals are directed against the same judgment, i.e. judgment dated 16th May, 2000, of learned Additional District Judge, Mandi.
(2.) Appeal No.332 of 2000 has been filed by Ashok Kumar, who has been convicted of offence, under Section 325 of the Indian Penal code and sentenced to undergo rigorous imprisonment for one year and to pay fine of `2,000/-, in default of payment of fine to undergo simple imprisonment for a further period of two months. Other appeal, i.e. Criminal Appeal No.498 of 2000, has been filed by the State, seeking conviction of Ashok Kumar, for offence under Section 307 of the Indian Penal Code, instead of Section 325 of the Indian Penal Code, and also the acquittal of another accused, namely Dilbagh Singh, impleaded as respondent No.2 in the aforesaid Appeal No.498 of 2000, who was also charged with offence, under Section 307 of the Indian Penal Code.
(3.) Facts relevant for disposal of the two appeals may be noticed. On 20th June, 1995, when Dharam Singh (PW-11) was going to his fields, around 6.15 in the morning, to pluck lady-fingers and reached near the grinding machine of one Amar Singh (father of Ashok Kumar), he saw Amar Singh standing near his grinding machine. Dharam Singh was being followed by his brother Raj Kumar (PW-9). Raj Kumar confronted Amar Singh as to why he had constructed a pucca retaining wall near the nullah, as the same was likely to cause erosion of his field on the bank of that nullah. Amar Singh allegedly told Raj Kumar that he had already constructed the retaining wall and he (Raj Kumar) and his family members were free to take whatever action they intended. In the meanwhile, Ashok Kumar son of Amar Singh appeared there, with a knife in his hand. He dealt two blows of knife on the left side of the chest of Raj Kumar and also stabbed him in the abdomen. When Dharam Singh tried to intervene, he was dealt a blow on his forehead with a Danda, as a result of which he sustained bleeding injury. He also sustained another injury on one of his fingers.