The High Court further directed the appellant Jagdish to pay Rs.1 lac and the other appellant Balbir to pay Rs.50,000/ as companypensation to Sukhbir PW 8 .
PW 5, the doctor in Army Hospital, found incised wound over left parieto occipital region of scalp.
Amongst the injuries, PW 6 found the right hand with lower 1/3rd of the forearm in an amputated form.
The gravity of injuries on the hands was such that Sukhbir suffered amputation of hands.
The victim was first examined at Palwal Hospital by PW 6 Dr.A.K.Malik who found six incised wounds on the scalp and hands and two abrasions of 1/2to 1/2on both the knees.
Thus, the impact of the injuries inflicted with a sharp edged weapon were such that both the hands suffered amputation.
The prosecution case is that there were some ill feelings between the accused and the members of the prosecution party on account of a land dispute.
After hue and cry being raised by Om Prakash PW 9 , the accused fed away.
At about 11.15 AM, when they crossed G.T. Road, all of a sudden, the second accused Balbir, armed with a lathi and the other accused Jagdish, armed with Gandasa accosted them.
Left upper limb traumatic amputation through left wrist with hand hanging free.
Om Prakash and others took Sukhbir to the hospital.
There was also an incised injury on the left wrist 3 1/2 x 2 1/4 and the left hand was found attached with left forearm through skin flaps and ligament of ulnar side.
The evidence of these two witnesses was believed by both the companyrts.
Lacerated wound occipital region 3 long already sutured.
He also did number numbere any abrasions on the knees.
He gave the opinion that injuries 1 to 5 were cumulatively dangerous to life.
He also found the following three injuries Lacerated wound left parietal region 3 long already sutured.
Thereafter, the accused Jagdish attacked Sukhbir PW 8 with gandasa and inflicted injuries on the head and both the arms of Sukhbir.
They were charged for attempt to murder Sukhbir who was examined as PW 8 on 9.8.1990 at about 11.15 AM in the village Sihol.
He also lodged a report to the police station at 12.15 PM on the same day.
FIR was registered by ASI Bhagat Ram PW 10 .
On 9.8.1990, PW 8 along with his brother Om Prakash PW 9 went to Palwal in order to get the ticket reservation done and also to purchase some household goods.
PW 9 Om Prakash the brother of the informant lodged a report to the police.
He did number mention any incised injury apparently because by that time the injuries were sutured.
Though the prosecution claimed that the weapons gandasa and lathi were recovered on the basis of the disclosure statement made by the accused persons, it was disbelieved by the trial companyrt.
Sukhbir, the injured, gave evidence as PW 8.
Initially, the victim underwent treatment at city hospital, Palwal and, thereafter, he was shifted to Army Hospital, Delhi in the evening of the same day.
The second accused Balbir hit Sukhbir PW 8 on the knee with lathi as a result of which Sukhbir PW 8 fell down.
VENKATARAMA REDDI, J. The two appellants herein were companyvicted under Section 307 read with Section 34 and Section 323 read with Section 34 IPC and they were sentenced to undergo rigorous imprisonment for ten years for the offence under Section 307/34 IPC and to pay a fine of Rs.100/ each.
