S.S. Grewal, J.
1. This appeal is directed against the order of Shri M.L. Singal, Additional Sessions Judge, Patiala, dated 24.11.1988 whereby present appellants were awarded various sentences of imprisonment and fine for causing injuries to Chhota Singh, Bhura Singh and Bir Singh.
2. In brief, the facts of prosecution case, are, that on 28.11.1985 at about 4.00 p.m. Chhota Singh along with his brothers Bhura Singh and Bir Singh was returning from the fields. They had a cart (Rehri) and the same was parked in the street in front of their house. At about 6.00 p.m. Siria Singh accused came there, and, pushed that rehri aside. Chhota Singh PW requested him not to do so. Siria Singh, however, started hurling abuses and told Chhota Singh that he would teach him a lesson. Siria Singh went to his house. Shortly thereafter, Siria Singh and Arjun Singh armed with gandasis and Mal Singh and Ujjagar Singh armed with dangs came in front of the house of Chhota Singh PW, and Siria Singh exhorted his coaccused to teach a lesson to Chhota Singh. Siria Singh opened attack and gave a gandasi blow on the thumb of the right hand of Chhota Singh. Arjun Singh gave a gandasi blow to Bhura Singh on his left wrist. Siria Singh gave a gandasi blow to Bhura Singh on the right thumb. Arjan Singh gave gandsi blow to Chhota Singh on left side of his head. Mal Singh accused then gave a dang below to Bir Singh on his forehead, whereas, Jaggar Singh alias Ujjagar Singh gave a dang blow to Chhota Singh on the right side of his head. Mal Singh gave a dang blow to Chhota Singh on his right shoulder. Alarm raised by the complainant party attracted Ishar Singh, father of Chhota Singh and Kirpa Singh son of Ishar Singh to the spot, and, they witnessed the entire occurrence. All the accused then ran away from the spot along with respective weapons. Kirpal Singh removed all the injured to Civil Hospital, Samana, for medical examination A.S.I. Gurdial Singh went to the hospital and after ascertaining from the doctor that Chhota Singh was fit to make a statement, recorded his statement, on the basis of which formal F.I.R. was subsequently recorded at the Police Station. Gurdial Singh then went to the spot and prepared the rough site plan. After the arrest of the accuse and completion of investigation, accused were challaned, tried and convicted as indicated above.
3. Accused when examined under Section 313, Criminal Procedure Code, denied prosecution allegations appearing against them. Ujjagar Singh set up the plea of alibi whereas rest of the accused pleaded false implication. In there defence, Som Nath was examined as DW1 DW2 is Dr. P.K. Singla who conducted medicolegal examination on Sadhu Singh on 31.11.1985 and found one simple injury with blunt weapon on his person. Sadhu Singh appeared as DW3.
4. I have heard the learned Counsel for the parties and carefully gone through the record. Learned Counsel for the appellants mainly contended that one of the injuries of Bhura Singh injured has been proved to be grievous in nature and the Courts below have erred in holding that injury on the left wrist of Bhura Singh was grievous in nature. Careful perusal of the testimony of Dr. P.K. Singla PW3, who conducted medicolegal examination of Chhota Singh, on the evening of occurrence, shows that injury on the left wrist of Bhura Singh was declared as previous after Xray examination on 3.12.1985. Xray report in this regard in Exhibit PC/3. On its basis Dr. P.K. Singla rightly declared the said injury as grevious. The said medical expert was not crossexamined on this point. All the other injuries on the person of Bhura Singh, Chhota Singh and Bir Singh injured were found to be simple in nature. All the three eyewitnesses who have imprint of injuries on their person have given consistent version in respect of injuries received by them at the hands of the accused. No inconsistency, or, contradiction worth the name has been pointed out in their testimony. Their testimony in material particulars finds independent support from the medical evidence on the record. Thus, there is no cogent reasons to disbelieve the testimony of these three injured eyewitnesses in this case. Prosecution has also been able to prove that the accused party had adequate motive to commit the crime.
5. The defence plea about false implication set up on behalf of the accused and the plea of alibi set up on behalf of Ujjagar Singh is a cock and bulk story which hardly inspire any confidence. The defence plea has thus been rightly disbelieved by the Courts below.
6. For the foregoing reasons, the prosecution have been able to bring home charge under Section 326, Indian Penal Code, against Arjan Singh accused for causing grievous hurt with gandsi on the left wrist of Bhura Singh PW and under Section32634, Indian Penal Code, against Siria Singh, Mal Singh and Ujjagar Singh. Prosecution has also been able to bring home charge under Sections 324 and 323/34, Indian Penal Code, against Arjan Singh accused and Siria Singh accused and under Sections 324/34, Indian Penal Code, and section 323, Indian Penal Code, against Mal Singh and Jaggar Singh alias Ujjagar SIngh accused beyond reasonable doubt, and their conviction by the Courts below on these counts is upheld.
7. Taking into consideration the fact that the only grievous injury attributed to Arjan Singh during the entire occurrence on the nonvital part of the person of Bhura Singh, PW, and the fact that the accused have already undergone agony of trial for the last more than three years, the sentence of imprisonment awarded to Arjan Singh under Section 326, Indian Penal Code, is reduced from one year''s rigorous imprisonment to six months rigorous imprisonment. The sentence of fine awarded to Arjan Singh under Section 326, Indian Penal Code, or sentence of imprisonment in default as well as sentence of imprisonment and fine or in default thereof imposed on Arjan Singh under Sections 304 and 324/34, Indian Penal Code, awarded by the first appellate Court shall stand. All the substantive sentences of imprisonment awarded to Arjan Singh shall run concurrently.
8. The sentences of imprisonment imposed upon Siria Singh, Mal Singh, and Jaggar Singh alias Ujjagar Singh by the trial Court are reduced to that already undergone. However, sentences of fine imposed upon the said accused by the first appellate Court or, the sentence of imprisonment in default of payment of fine against all the accused shall stand. This appeal is partly allowed to this extent.
