JUDGMENT

N.S.Shekhawat, J.

The present appeal is directed against the judgment of conviction and order of sentence dated 18.08.2011 passed by the Court of learned Additional Sessions Judge, Sri Muktsar Sahib whereby, the present appellants stand convicted under Sections 308 /34 and 323/34 IPC and sentenced, as mentioned below:-

2. However, Gurdev Singh, one of the appellant/accused, died during the pendency of appeal before this Court, as such, appeal abated qua him due to his death.

3. As per the case of the prosecution, the FIR was registered on the basis of the statement made by Paramjit Singh resident of village Ranjit Garh, a labourer. As per the complainant, the house of Sukha Singh is situated in front of the house of the complainant and his brother. At about 08.00 p.m., on 21.03.2007, the complainant heard the commotion from the street. On this, he alongwith his elder brother Bhajan Singh came outside and found that the accused were quarreling with their younger brother Babbi. The complainant and his brother Bhajan Singh took Babbi to his house. After this, when they came in the street, the accused were still there and were carrying dangs (sticks) in their hands and waylaid them. Gurdev Singh accused, gave a blow with dang on the head of the complainant. Major Singh, accused gave another blow with the dang on the left and right arm of the complainant. Bhajan Singh tried to intervene, however, Sukha Singh gave dang blow on his head. Accused Jagsir Singh gave fist blow on his nose. The complainant and his brother raised an alarm to save them and their younger brother Babbi reached at the spot. He also raised the alarm to save them and on this the accused fled away from the place of occurrence with the dangs (sticks) in their hands. The complainant and his elder brother were shifted to civil hospital in an injured condition by their family members. The motive for causing injuries was that Babbi, younger brother of the complainant, was coming to his house after plying the tractor, but the Kuraha (agricultural implement) which was attached with the tractor had touched the bullock cart of Sukha Singh and two wooden planks of the cart were broken. The accused had been assured that they would be compensated by the complainant in this regard, but the accused with premeditation, had threatened them and had assaulted them. With these broad averments, the FIR was got registered by Paramjit Singh.

4. After the necessary investigation, the challan was presented against the accused under Sections 308 , 323 and 34 IPC. After taking into consideration the incriminating evidence collected during the course of evidence, the learned trial Court o