JUDGMENT

KASLIWAL, J.:—Special leave granted.

2. Pashora Singh and Lahora Singh, two brothers were tried for offences under Sections 307/ 447/ 326/ 324/ 323 read with S. 34 of the Indian Penal Code for inflicting injuries on Amar Singh and Pat Singh on 27-8-1981. The learned trial Judge held that charges under Ss. 307 and 326 were not established. The trial Judge found both the accused guilty for the offences under Ss. 447, 324 and 323 of the Indian Penal Code. As the accused were not previous convicts, they were granted the benefit of probation under S. 360 of the Code of Criminal Procedure.

3. The State of Punjab filed an appeal and the complainant filed a revision in the High Court against the aforesaid order of the trial Judge. The High Court found both the accused persons guilty for offence under S. 307 read with S. 34 of the Indian Penal Code for injuries inflicted on Pal Singh. The High Court also affirmed the conviction of the accused persons under Ss. 447 and 324 of the Indian Penal Code. The High Court took into consideration the fact that the occurrence had taken place as back as on 27-8-1981 and the accused had undergone the agony of trial for more than a year before the trial Court and the appeal against their acquittal remained pending in the High Court for the last eight years, as such sentenced both the accused to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/- each under Ss. 307/34 of the Indian Penal Code. The High Court directed that out of the fine, if realised, Rs. 4,000/- be paid to Pal Singh injured and Rs. 2,000/- to Amar Singh injured by way of compensation. Both the accused were further sentenced to undergo rigorous imprisonment for three months under S. 447 and so far as Pashora Singh is concerned, he was also sentenced to undergo rigorous imprisonment for six months under S. 324 of the Indian Penal Code. All the substantive sentences of imprisonment were ordered to run concurrently.

4. Aggrieved against the judgment of the High Court, this appeal by grant of special leave has been filed by the accused persons. During the pendency of appeal, Lahora Singh died on 30th January, 1992. Thus, the appeal of Lahora Singh stands dismissed as having abated.

5. We have heard Mr. Rajindar Sachar, learned Senior Advocate on behalf of the appellant Pashora Singh and the learned counsel for the State of Punjab. We have gone through the judgments of the High Court and the trial Judge and have perused the record. So far as the incident and the inflicting of injuries by the two accused persons on Amar Singh and Pal Singh has been found established by the trial Judge and affirmed by the High Court and the same does not call for any interference. The only question which calls for consideration is as to what offence has been committed by Pashora Singh and what sentence has to be awarded to him to meet the ends of justice.

6. According to the findings recorded by the High Court on the basis of the statement of Pal Singh injured, the accused Lahora Singh gave two Gandasa blows to Pal Singh on his head and Pashora Singh gave another Gandasa blow on his head. P.W. I Dr. Subhash Mittal, Medical Officer, Civil Hospital, Moga recorded the following injuries on Pal Singh

"(1) Incised wound. 41/2 x 1/2" on the left side of scalp 1 from midline 21/2" behind the anterior hair line oblique in direction, underlying bone was cut, through and through. A chip of bone from vie cut bone was lying separate which was bent to the Police In a sealed vial. Fresh bleeding was present.

(2) Incised wound 3" x 1 x bone deep on the left side of the scalp. 1" from the injury No. 1, 21/2" above the left pinna 21/2" from anterior hairline. Fresh bleeding was present oblique in direction.

(3) Incised wound 1 1/2" x 1/2" on the right side of scalp 2" from midline I " from anterior hair line. Fresh bleeding was present oblique.

(4) Incised wound 2" x 1/2" on the back and medial aspect of left hand, at the base of left little finger