JUDGMENT

Sanjay Vashisth, J.

By this judgment, I propose to dispose of Criminal Appeal No. CRA-S-1615-SB-2008 and Criminal Revision No. CRR-2262-2008, which have been filed against the judgment of conviction dated 06.08.2008 and order of sentence dated 07.08.2008, passed by learned Additional Sessions Judge, Hisar, in Sessions Case No. 2 of 2005, dated 06.01.2005, in case FIR No. 642, dated 16.09.2004, under Sections 148 , 149, 323, 324, 326, 307 and 506 IPC, registered at Police Station Sadar, Hisar.

1(i). Vide judgment of conviction dated 06.08.2008, all the seven accused, namely, (1) Vinod, (2) Balbir Singh, (3) Rajbir, (4) Satbir, (5) Raju, (6) Smt. Sheela, and (7) Sushil, were held guilty and convicted for the offences punishable under Sections 148 , 307, 323 and 324 read with Section 149 & 506 IPC, and vide order of sentence dated 07.08.2008, they were ordered to undergo the sentence, as under:-

All the sentences have been ordered to run concurrently & already undergone period, by remaining in custody in connection with this case, has been ordered to be set-off against the period of sentence of awarded substantive imprisonment.

1(ii). Feeling aggrieved, all the aforementioned seven convicts filed Criminal Appeal No. CRA-S-1615-SB-2008, whereas injured-Sham Lal preferred Criminal Revision No. CRR-2262-2008, for enhancement of the sentence awarded by the learned Trial Court.

2. As per the story propounded by the prosecution, on 16.09.2004, statement of complainant/injured - Mange Ram (PW-6), was recorded at the first instance by SI Ishwar Singh, and on the basis of which formal FIR was registered. Said version, as detailed in para No. 2 of the impugned judgment, is reproduced here below:-

"2. .......stated that he is resident of village Mayar and is aged about 60 years. He does labour. About one year back, a quarrel had taken place with Rajbir, Vinod sons of Balbir and Balbir son of Chandgi Caste Dhanak residents of his village, in which his son Rajpal had received injuries and a case under section 307 IPC was registered and one month prior thereto they had also caused injuries to Rajpal for which a case under section 325 IPC was registered. Both the cases are pending in the courts and are fixed for 20.9.2004. On 13.9.2004 at about 6.00 p.m. he was standing in front of his house when Rajbir, Vinod, Balbir, Sushil and Satbir having conspired with each other came there. Rajbir, Vinod and Balbir were armed with gandasis. They asked him that he will not go to court on 20.9.2004 for giving evidence. In the meantime his son Sham Lal came from outside who asked that they will certainly go to give evidence. On saying so, Rajbir, Vinod and Balbir opened an attack upon his son and inflicted injuries with gandasis. The son-in-law of Balbir namely Sushil gave brick blows which hit on his head and Satbir gave a brick blow on his left hand. Raju threw a brick on his person from the roof. They cried mardiya-mardiya, which attracted his daughter-in- law Amarpati and grand-son Sushil and when they tried to rescue them, Balbir etc. also caused injuries to them. Thereafter Sushila wife of Satbir also came at the spot. She gave a brick blow on the head of Amarpati. Then his neighbour Om Parkash and many other people of the village came there and rescrued them. Thereafter the assailants went to their ho