Judgment

Dr. Arijit Pasayat, J. —

1.These appeals are directed against the common Judgment of a Division Bench of the Punjab & Haryana High Court disposing of appeals i.e. Criminal Appeal No. 527DB of 1995 and 547DB of 1995. The main Judgment is in Criminal Appeal No. 527 DB of 1995. In these appeals two appellants were convicted by learned Sessions Judge, Rohtak in Sessions Case No. 13 of 1995.

2.Background facts in a nutshell are as follows :

On 18th January 1995, at about 8 or 8.30 a.m., Vijay since deceased, was going from his house towards the bazarfor shopping and had gone a short distance, when the three accused Shibu alias Shiv Narain, Surender Singh armed with a pharsa and Bhagat Singh armed with a sword accosted him and Shibu told him that they were going to teach him a lesson for the slaps that had been given to him on 16th January, 1995. Shibu then caught hold of Vijay in his grip, whereas Bhagat Singh inflicted a sword blow on his left thigh, while Surender accused aimed a blow on his leg which did not hit its target. On receipt of the injuries, Vijay cried “Mar diya Mar diya”, which attracted Attar Singh (PW5) and Rajinder (PW6), the brother and first cousin of deceased r