A.N.RAY, J.

(1) THIS is an appeal by special leave from the judgment of the Punjab and Haryana High court at Chandigarh, dated 25/08/1967.

(2) THE appellants are Mohan and Ranbir, two brothers and Ram Singh the father-in-law of Mohan. They were convicted under S. 326, read with S. 34 of the Indian Penal Code and sentenced to four years rigorous imprisonment and a fine of Rs. 400.00 each and in default of payment of fine to a further rigorous imprisonment for six months. They were also convicted under S. 325, read with S. 34 of the Indian Penal Code and sentenced to three years rigorous imprisonment and a fine of Rs. 200.00 each and in default of payment of fine to a further rigorous imprisonment for six months. They were further convicted under S. 324 and 323, read with S. 34 of the Indian Penal Code and on the former offence sentenced to two years rigorous imprisonment while on the latter offence to six months rigorous imprisonment. The sentences were ordered to run concurrently.

(3) THE appellants preferred an appeal to the High court. The High Court maintained the sentences and dismissed the appeal.

(4) LADHU and Rewat were two brothers. Ladhu married Mst. Parmeshwari sister of Het Ram and Pura who were two brothers. Moban and Ranbir are sons of Rewat. Rewat died in 1947. Het Ram and Pura who had been tenants of Ladhu and Rewat continued to remain in possession of the land as tenants. Birji widow of Rewat was alive. Het Ram and Pura are brothers-in-law of Ladhu. Het Ram and Pura made application for the purchase of the land of which they were the tenants. That application was against Ladhu, Mohan and Ranbir, Mohan was sued through Ladhu, though the mother of Mohan and Ranbir was the natural guardian. The Revenue Assistant accepted the application. Het Ram and Pura continued to remain in possession of the land which had been in the joint ownership of Ladhu and Rewat each of whom held half share in the land. After the death of Rewat also the ownership remained joint.

(5) MOHAN and Ranbir the sons of Rewat filed a suit against the order of the Revenue Assistant for declaring the sale of their share of the land to Het Ram and Pura as invalid and asked for possession. Mohan and Ranbir also alleged that Het Run and Pura procured the alleged sale through the fraud of Ladhu. Their suit was decreed and an appeal was filed and it was alleged that an order staying dispossession was obtained.

(6) THE prosecution case is that on 23/06/1966, Het Ram and Pura were ploughing the land. Their sister Parmeshwari, Amri wife of Pura and Ladhu were also present at the field. The appellant Ram Singh armed with a gun along with Mohan and Ranbir armed with gandasas came and after giving a lalkara asked Het Ram and Pura to get out of the field. Ladhu replied that Het Ram and Pura would not go out as the land was still in their possession. Ram Singh threatened and as Het Ram and Pura did not leave the land, Ram Singh fired a shot with his gun which hit Ladhu on his right ankle. Pura in order to save Ladhu caught hold of the gun of Ram Singh. Thereupon Ram Singh asked Mohan and Ranbir to kill them. Mohan then struck a gandasa blow on Puras hand and Ranbir Singh gave a gandasa blow on his arm and another on his head. Both Ranbir and Mohan inflicted further blows with the reverse side of the gandasas on Pura Het Ram ran towards them and asked them not to injure Pura. Thereupon, Mohan gave a gandasa blow on the head of Ladhu and Ranbir gave a gandasa blow on his right thumb. When Ladhu came to rescue. Ram Singh hit him with the butt of his gun and Mohan gave a gandasa blow on the head of Ladhu. Ranbir also gave a gandasa blow on the arm of Ladhu. At this juncture Parmeshwari and Amri fell upon Ladhu and they were also injured by Ranbir and Mohan. After about an hour and a half of the alleged occurrence one Sajjan Kumar accompanied by another Hot Ram came on a tractor and removed the injured to Sirs