SOBHAGMAL JAM, J.

( 1 ) BY the judgment dated Sept. 28, 1978 the Additional Sessions Judge No. 2, Hanumangarh, has convicted and sentenced the appellants as under: - All the appellants have further been convicted under sections 323/34 I. P. C. and sentenced to one months rigorous imprisonment. All the sentences have been directed to run concurrently.

( 2 ) THE case relates to the incident which took place in village Sabjipura on September 28, 1975 at about 12. 30 p. m. in which Bhag Singh, Dan Singh and Jeet Singh received injuries on the side of the prosecution and Nidhan Singh and Jagga Singh on the side of the accused. The injuries to Bhag singh were as under: -

1. Incised wound 2 x x on the left frontal part of the scalp vertically. 2. Swelling (black eye) sub conjuctival haemorrhage present in left eye. 1 x 1 above the left upper eye lid and 1 x over the left lower eye lid. Injury No. 2 was the result of injury No. 1.

( 3 ) ABRASION 1 x 5/8 on the proximal and middle phalanx ventral surface of the right index finger.

( 4 ) SWELLING 11/2 in length all around the proximal inter phalangeal joint of right sided middle finger.

( 5 ) SWELLING 2 3/8 x 1 on the right elbow lateral surface. Injuries Nos. 3 to 5 were caused by a blunt object and injury No. 1 by a sharp edged weapon. 1. Jagga Singh U/s 326 to IPC 11/2 years R. I. and a fine of Rs. 50/-, in default of payment of find to 5 days further R. I. 2. Birju Singh U/s 326/ to 34 IPC 11/2 years R. I. and a fine of Rs. 50/-, in default to 5 days further R. I. 3. Nidhan Singh Injury No. 1 was grievous. Dan Singh received two injuries a swelling on his shoulder and a bruise on the scapular region. Both the injuries were simple. Jeet Singh had two injuries a bruise and a swelling and both were found to be simple in nature caused by a blunt object. On the side of the accused Nidhan Singh had two injuries;

1. Incised wound 11/2 x x 1/8 on the right part of posterior part of the scalp. 2. Abrasion itt x 1/8 on the left shoulder.

Both the injuries were simple. Injury No. 1 was by a sharp weapon and injury No. 2 by a blunt weapon. Jagga Singh received two injuries;

1. Swelling 11/2 x itt on the right thigh 11/2tt above knee line on anterior surface.

2. Bruise 1 x 1/2 on the right thigh 3 above the right knee joint line on anterior surface. Both the injuries were simple and were caused by a blunt weapon.

3. The prosecution case is that there was a dispute between the parties in respect of some land which was bequeathed by Amar Singh in favour of Bagh Singh and Jeet Singh. On the date of the incident i. e. on September 28, 1975, at about 12. 30 p. m. , when Bagh Singh, Jeet Singh and Devi Singh were in their house accused Jagga Singh armed with a Barcha and accused Birju Singh and Nidhan Singh armed with lathis came there and started inflicting blows on Bagh Singh and others. Jagga Singh gave a Barcha blow on Bagh Singh which hit him on the head. Birju Singh and Nidhan Singh used lathis and caused injuries to Bhag Singh, Dan Singh and Jeet Singh. On hearing the cries of the complainant party Mal Singh and other villagers came there and the accused then left the place and went away. The first information report of the occurrence was lodged by Jeet Singh the same day at 2. 30 p. m. at Police Station, Hanumangarh. A case under sections 307, 452 and 323 was registered.

4. After investigation a charge-sheet against the accused was filed in the court of Magistrate, I Class, Hanumangarh who committed them for trial to the court of Sessions. Jagga Singh was tried for the offence under sections 307, 326 and 323 read with Section 34 I. P. C. and other accused Birju Singh and Nidhan Singh were tried for the offences under sections 307, 326 read with sections 34 and 323 I. P. C. When their plea was recorded the accused pleaded not guilty and claimed to be tried. In their statement under section 313 Cr. P. C. the accused denied the prosecution allegations and stated that they had been fal