JUDGMENT :

Harpreet Singh Brar, J. (Oral)

1. This judgment shall dispose of aforementioned three cases i.e. CRA-S-1792-SB-2004, CRR-2265-2004 and CRR-502-2025 arising out of the same factual matrix, as these are version and cross-version cases.

2. CRA-S-1792-SB-2004 has been preferred by the appellants-accused against the judgment of conviction and the order of sentence dated 31.08.2004 passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana, in FIR No.141 dated 13.12.1998 under Sections 307, 452, 325, 324, 34 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Sahnewal, vide which the appellants were convicted under Sections 323, 324, 325, 452 read with Section 34 of IPC and were sentenced to undergo rigorous imprisonment for a maximum period of two years and to pay a fine of Rs.1,500/- each along with default mechanism.

3. CRR-2265-2004 has been filed by petitioner-complainant Bakhshish Singh, in FIR (supra), for enhancement of the sentence awarded by learned trial Court to the respondents-accused and also for their conviction under Section 307 of IPC.

4. CRR-502-2005 has been preferred by petitioner-complainant Hoshiar Singh, in the complaint filed under Sections 323, 324, 506, 34 of IPC, for convicting the respondents-accused and to punish them adequately.

5. In nutshell, the facts are that as per the complaint (supra) lodged on the statement of complainant Hoshiar Singh, on 12.12.1998 at about 06.00 a.m., when he was returning to his home from village Gurudwara, Bakhshish Singh was having his dog with him and on being coughed by the complainant, he took the dog towards latrine. However, the dog attacked the complainant, due to which he fell on the roori and asked Bakhshish Singh to set the dog on fire. Upon which, Bakhshish Singh started abusing him. Meanwhile, Karnail Singh came out of his house and enquired about the matter, on which the complainant told him that his dog would have bitten him and further asked to keep the dog in chain. On this, Karnail Singh slapped him, due to which he lost senses and fell down. In the meantime, Bakhshish Singh brought soti and kirpan. Thereafter, Karnail Singh gave kirpan blows on both arms of the complainant and Bakhshish Singh also gave soti blow on his back. On raising the alarm by the complainant, Hakam Singh reached there and on seeing him, both the accused persons along with their respective weapons ran away from the spot. Thereafter, the complainant was taken to Civil Hospital, Kumb Kalan by one Swarn Singh. It is further stated that Bakhshish Singh and Karnail Singh were nursing a grudge due to some land dispute.

6. As per the version in the FIR (supra) registered at the instance of Bakhshish Singh, on 12.12.1998 at about 06.30 a.m., when he was returning home from village Gurudwara and reached near the gate of his house, Hoshiar Singh was present there armed with gandasa and he raised lalkara extorting his co-accused Hakam Singh to catch hold of Bakhshish Singh and not to spare him. Upon this, he rushed to the house of his nephew Karnail Singh and Hoshiar Singh and his sons Hakam Singh armed with gandasa and Kimat Singh armed with kirpan and one Paramjit Singh while armed with gandasa followed him. Hakam Singh and Paramjit Singh gave gandasa blows on his head one after another, due to which he fell down on the ground. Thereafter, Hoshiar Singh gave gandasa blow on his left arm and left hand. Paramjit Singh gave another gandasa blow, which hit on his right arm. Hakam Singh gave gandasa blow with reverse side on his chest. Kimat Singh gave kick blows on the persons of Bakhshish Singh while he was lying down. On raising the alarm, Karnail Singh and Jagir Singh reached at the spot and when Karnail Singh tried to rescue Bakhshish Singh, the assailants also caused injuries to him. After inflicting the injuries, the assailants along with their respective weapons left the spot. Thereafter, Bakhshish Singh was admitted to Civil Hospital, Kum