JUDGMENT

Charanjit Talwar, J. - Harbans Singh and his son Amritjeet Singh have challenged the correctness of the judgment under appeal whereby they have been found guilty under section 308 read with section 34 of the Indian Penal Code. They also seek setting aside of the order of sentence passed by the trial court on 30th April. 19113 releasing them "on probation on their furnishing a bond to the tune of Rs. 5000/- each for a period of two years with one surety of the like amount to keep good behaviour and peace and also be of good character during that period". Neither the counsel not the appellants are present. With the help of Mrs. Anand, learned counsel for the State. I have gone through the evidence on record.

2. The occurrence is of 15th July, 1981. It has been found that P.W. 1 Arun Kumar was indicted a blow on the scalp, by the second appellant Amritjeet Singh with an iron rod in funherance of their common intention, It appears that appellant No.1 Harbans Singh was a sub-contractor of Shri Joginder Singh whose son Kanwarjeet Singh was very well known to the injured Arun Kumar. The appellants had been given a contract by the father of Arun Kumar to construct a house on a plo