JUDGMENT

Virender Singh, J. - Sheru and Sharfu sons of Abhey Singh have been convicted vide impugned judgment of learned Additional Sessions Judge, Gurgaon dated 6.9.1991 under Section 307/34 Indian Penal Code and 324/34 Indian Penal Code and have been sentenced to undergo RI for five years each and to pay a fine of Rs. 500/- each under section 307/34 Indian Penal Code. In default of payment of fine to further undergo RI for three months. Both the sentences have been ordered to run concurrently.

2. The prosecution case in short is that on 17.4.1990, Zakir the injured in this case was watering his fields at about 3 PM. Sheru appellant diverted the said water flow. Zakir consequently stopped that diversion. Both the appellants then reached there and started abusing Zakir. Zakir asked them not to do so. Sheru appellant was armed with a tabbal (a sharp edged cutting weapon) in his hands. He inflicted a tabbal blow on the head of Zakir and then inflicted another blow from the reverse side of tabbal on the eye of Zakir. Sharfu appellant also gave a lathi blow which hit on the back of Zakir and another blow hit on his left eye. Umar and Harun PWs who were incidently present in the nearby f