1. This judgment shall dispose of Criminal Appeal No.21-SB of 1998 filed by the accused-appellants and Criminal Revision No.538 of 1998 filed by the complainant, having been arisen out of the judgment dated 20/22.12.1997 passed by the learned Additional Sessions Judge, Ambala, vide which, though accused appellants Harnek Singh, Malkiat Singh and Darbara Singh @ Dara were tried under Section 302 read with Section 34 IPC, but were convicted and sentenced under Section 323/325 read with Section 34, IPC as under :-

Harnek Singh, Malkiat Singh and Darbara Singh @ Dara u/S. 323/34, IPC : To undergo rigorous imprisonment for six months each. u/S. 325/34, IPC : To undergo rigorous imprisonment for two years and to pay fine of Rs.500/- each. However, both the substantive sentences were ordered to run concurrently.

2 In nutshell, the prosecution story is that the land of Surinder Singh injured-complainant and that of Gurnam Singh and others adjoins each other, therefore there remained always a dispute over the turn of water. On 30.7.1992, at about 9.30 a.m. when Surinder Singh was on his way to the fields, Malkiat Singh and Darbara Singh alias Dara came armed with lathies, attacked S