Mr. T.P.S. Mann, J. (Oral) - The appellants were tried for committing offences punishable under Sections 307/325/323/342/34 IPC. Vide judgment and order dated 9.8.2008, learned Additional Sessions Judge, Jalandhar, convicted and sentenced them as follows:-

(i) Harvinderpal under Section 307 IPC whereas Bhupinder Singh, Sukhwinder Singh, Dilbagh Singh and Surinderpal under Sections 307/34 IPC to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two months;

(ii) Harvinderpal under Section 325 IPC whereas Bhupinder Singh, Sukhwinder Singh, Dilbagh Singh and Surinderpal under Sections 325/34 IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo rigorous imprisonment for one month;

(iii) All the appellants under Section 323 IPC to undergo rigorous imprisonment for six months each; and

(iv) All the appellants under Section 342 IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo rigorous imprisonment for one month.

2. All the sentences awarded to them were ordered to run concurrently. The period of detention already undergone by them during the investigation and trial was ordered to be set-off against the period of imprisonment awarded to them.

3. Aggrieved of their conviction and sentence, the appellants filed the present appeal, which stands admitted and all of them are presently on bail whereas complainant Garib Dass filed CRR 2134 of 2008 for enhancement of sentence of imprisonment of the convicts and grant of compensation.

4. The case of the prosecution, in brief is that on 5.1.2005, complainant-Garib Dass and his son Balwinderpal were present in their house in village Pandori Nijjran. At about 7.30 p.m., Harvinderpal, Surinderpal, Sukhwinder Singh and Bhupinder Singh, appellants who were also residents of the same village came in the street in front of their house. The complainant and his son Balwinderpal also came out from the gate of their house. The aforementioned four appellants started abusing them. Balwinderpal stopped them from doing so. Thereafter, Harvinderpal appellant raised a lalkara that Balwinderpal be caught hold of and taught a lesson for laying pipes for water. He also gave a blow with a brick on the left ankle of Garib Dass, who fell down on the ground. In the meantime, Harvinderpal-appellant took Balwinderpal in his grip whereas Bhupinder Singh, Sukhwinder Singh and Surinderpal appellants caught hold of him from his legs and arms. All of them dragged him to their house. On hearing the commotion, Tejinderpal and Narinder Kumar, son and nephew, respectively, of complainant Garib Dass came forward to rescue Balwinderpal. Bhupinder Singh appellant gave a brick blow on the head of Narinder Kumar. Surinderpal and Sukhwinder Singh appellants tried to strangulate Tejinderpal. The complainant approached Baldev Singh, village Sarpanch, who managed to secure the release of Balwinderpal from the aforementioned four appellants. The complainant, his sons Balwinderpal and Tejinderpal and nephew Narinder Kumar were taken to Civil Hospital, Adampur. The condition of Balwinderpal was serious and, accordingly, he was referred to Civil Hospital, Jalandhar. Complainant-Garib Dass made statement Ex.PA before ASI Dilbagh Singh, on the basis of which, FIR Ex.PA/2 was registered against the aforementioned four appellants.

5. During the investigation of the case, Balwinderpal was medico-legally examined by Dr. Kamal Paul on 5.1.2005 at 9.35 p.m., at Primary Health Centre, Adampur, where following injuries were noticed on his person:-

“1. A lacerated wound in the scalp in its middle. Size 6 cms x 1 cm. Wound was freshly bleeding.

2. A lacerated wound in the middle of scalp 6 cm x 1 cm obliquely placed.

3. A lacerated wound 4 cm x 1 cm in the lateral side of sc