T.P.S.MANN, J.

1. Dharam Pal, one of the convicted accused, has filed the present appeal against the judgment and order dated 7.3.1996 passed by Additional sessions Judge, Karnal whereby he was convicted under Sec.326 IPC and sentenced to rigorous imprisonment for three years and to pay a fine of rs.11,000/-. In default of payment of fine, he was directed to further undergo rigorous imprisonment for six months. The occurrence in question had taken place on 23.6.1993 at 7.00 P. M. in the area of village Kharha Sahab. At that time, Chander Bhan injured, while going from his house to the Bara, reached near the Chopal and saw the three accused standing there, who had come out in the street from the house of Dharam Pal accused. Dharam Pal accused was carrying gandasi, Mihan Singh accused with lathi, while the third accused Roshan Lal was empty handed. A lalkara was raised by Roshan Lal to catch hold of Chander Bhan as he was going all alone. Dharam Pal inflicted gandasi blow on the head of Chander Bhan, who raised an alarm that he was being attacked. His alarm attracted his mother- Sundero Devi to the spot, but she was also given a lathi blow on the dorsum of her left hand by Mi