K.P.S.Sandhu, J. - (1.)Four appellants, namely, Sarwan Singh, Kulwinder Singh Sukhdev Singh and Malwinder Singh have by way of two appeals challenged their conviction recorded by the Additional Sessions Judge, Sirsa, vide his order dated 19th April, 1983. Sarwan Singh appellant was sentenced to rigorous imprisonment for one year and a fine of Rs. 1000/-, in default further rigorous imprisonment for six months, under section 326 of the Indian Penal Code and the other three, namely, Sukhdev Singh, Kulwinder Singh and Malwinder Singh were sentenced to rigorous imprisonment for one year- and a fine of Rs. 500 each, in default further rigorous imprisonment for six months each. under Section 326/34 of the Indian Penal Code. All the four appellants were further sentenced to rigorous imprisonment for six months and a fine of Rs. 200 each, in default further rigorous imprisonment for two months each, under section 324/34 of the Indian Penal Code. Kulwinder Singh, Sukhdev Singh and Malwinder Singh have filed Criminal Appeal No. 263-SB of 1983 while Sarwan Singh has chosen to file a separate Criminal Appeal No. 256.SB of 1983. Both these appeals would be disposed of by this order.
(2.)On 12th October, 1980, Ramlila was being staged in JJ. Colony at Sirsa. Jaswinder Singh injured prosecution witness No. 9 was seated on the stage since he was the cashier of the Ramlila Committee. His father Amrik Singh PW. 8 and his younger brother Harvinder Singh P.W. (not examined) were also seated there. Manohar Singh injured P.W. 3 and Han Singh P.W. 4 president of the managing committee were alse present there. At about 9.15 p.m. all the appellants came there on tractor No. H.R.N. 6020. Sarwan Singh appellant at that time was armed with kirpan Exhibit P-S, Kulwinder Singh was armed with a gandasi, Sukhdev Singh was armed with a kulhari and Malwinder Singh was armed with a dang. They all came down from the tractor and raised a lalkara that Jaswinder Singh P.W. should leave the stage. Sarwan Singh appellant is alleged to have caused a blow with sword Exhibit PS to Jaswinder Singh P.W. which landed in his abdomen. The other three appellants are alleged to have caused injuries to Manohar Singh. After causing the injuries an the appellants made good their escape from the spot.
(3.)Both the injured were removed to Civil Hospital, Sirsa, where Jaswinder Singh P.W. was medically examined by Dr. Amar Singh Sidhu P.W. 1 at 10.05 p.m. on 12th October. 1980, who found the following injury on his person: An incised penetrating wound 4 cm X 2 cm on the left side of abdomen in the anterior axillary line at the margin of costal cartilages. Margins and edges were clean-cut. Both angles were clean-cut. Omentum was coming out of the wound. Fresh bleeding was present. Direction of the wound was from lateral to medial and downwards According to the doctor, the injury was caused with a sharp-edged weapon within six hours. The same doctor examined Manohar Singh on the same night at 10.35 p.m. and found the following injuries:
1. An incised wound 6 cm X 1 cm X skin deep on the lateral side of upper third of the left thigh and placed obliquely. Fresh bleeding was present. 2. Abrasions 2 cm x 11/2 cm on front of upper one-third of the right leg. Fresh bleeding was present. 3. Abrasions 1/2 cm X 1/2 cm on front of left great toe. Fresh bleeding was present. Injury No. 1 was opined to be the result of a sharp-edged weapon and injuries Nos. 2 and 3 the result of a blunt weapon. Injury No. 1 was declared simple in nature while the other two were kept under observation. Dr. B. R. Bishnoi P.W. 2 operated upon Jaswinder Singh P.W. and opined that the injury suffered by him was dangerous to life.