JUDGMENT :

Rajiv Sharma, J.

1. Since common questions of law and facts are involved in both these appeals, therefore, these are taken up together and being disposed of by a common judgment.

2. These appeals are instituted against judgment dated 04.10.2017 and order dated 07.10.2017, rendered by learned Additional Sessions Judge, Sirsa. Appellants Nishan Singh son of Mahender Singh, Hoshiar Singh, Amrik Singh, Surjit Singh, Hira Singh and Sukhdev Singh along with coaccused Nishan Singh son of Sohan Singh, Balwant Singh, Gurcharan Singh, Lavdeep Singh and Surender Singh were charged with and tried for the offences punishable under Sections 148, 341, 216 and 302 read with Section 149 IPC. Vide the impugned judgment and order, the appellants were convicted and sentenced as under:-

The substantive sentences of imprisonment were ordered to run concurrently.

3. Co-Accused Nishan Singh son of Sohan Singh was declared proclaimed offender during trial. Co-accused Balwant Singh, Gurcharan Singh, Lavdeep Singh and Surender Singh were acquitted of the charge framed against them.

4. The case of the prosecution, in a nutshell, is that on 23.11.2012, a telephonic message was received by ASI Narender Singh from MHC Ellenabad regarding referring of injured Richhpal Singh alias Kala son of Gurbachan Singh to General Hospital, Sirsa. He came to know that Richhpal Singh was admitted in Sarvodya Hospital, Hisar. He went to Sarvodya Hospital, Hisar. Richhpal Singh was declared unfit to make statement. One Binder Kaur wife of Richhpal Singh was present in the hospital. She submitted an application against Nishan Singh son of Sohan Singh, Amrik Khod, Hoshiar Singh sons of Randhir Singh Khod, Surjit Singh son of Madan Singh Khod, Nishan Singh son of Mahender Singh, Sukhdev Singh and Hira Singh sons of Bakhshish Singh and three-four other persons, with the assertions that on 23.11.2012, she along with her husband Richhpal Singh alias Kala Singh was going on motor cycle from Gurudwara Mamera Road. At 2 O' Clock in the day time, when they reached in front of the Bus Stand, accused Nishan Singh son of Sohan Singh, Hira Singh son of Bakhshish Singh and Nishan Singh son of Mahender Singh came out from a Nohra situated near the Bus Stand. They stopped the motor cycle. They took Richhpal Singh inside the Nohra. Nishan Singh resident of Harnia inflicted kick blow on the stomach of Richhpal Singh. Hira Singh inflicted 'lathi' blow on the right leg of Richhpal Singh. Nishan Singh resident of Shekhu Khera also gave 'lathi' blow on the ribs of her husband. Thereafter, her husband Richhpal Singh collapsed. The other assailants also came. They started thrashing her husband with lathis and dandas. She raised alarm. Sulakhan Singh, brother-in-law of the complainant, who used to work in the Bus Stand, and one Kuldeep Kaur wife of Gurbhej Singh, neighbourer of the said Nohra, came on the spot. They saved Richhpal Singh from the clutches of the assailants. In the meantime, her son Ranjit Singh came on the spot. The accused ran away from the spot. Her son Ranjit Singh took his father to General Hospital, Ellenabad, from where he was referred to General Hospital, Sirsa. However, he was taken to Sarvodya Hosp