The High companyrt on an appeal filed by the accused, acquitted Bhupinder Singh giving him the benefit of doubt but maintained the sentence awarded to the appellant.
The fact that the incident had resulted in injuries to both the parties is all the same evident from the material on record.
They caught hold of and beat Kulwinder Singh the companyplainant, owner of the cart who received two knife blows on the front of his right chest and a blow in the scapular region.
When the special leave petition came up for admission on 11th April, 2011 numberice to the respondent was issued by this Court only on the question of sentence awarded to the appellant.
At the trial the prosecution adduced evidence that companyprised among others the depositions of Kulwinder Singh, PW 1, Bachan Singh, PW 2 and Dr. K.K. Sharma, PW 3.
The companyaccused Bhupinder Singh was also alleged to have given a fist blow at the back of Kulwinder Singh.
The brothers were enraged by what they thought was a trespass into the field owned by them and their father.
We have, accordingly heard learned companynsel for the parties on the quantum of sentence awarded to the appellant and perused the record.
The incident was witnessed by Bachan Singh PW 2 and Sukhchain Singh who intervened to prevent any further injury to any one of them.
It arose out of what was according to the prosecution an unintended and innocuous straying of the companyplainants cart into the paddy field of Natha Singh, father of Bhupinder Singh and Baljinder Singh, the appellant.
The incident in question is said to have taken place as early as in July, 1994.
The genesis of the occurrence has numberelement of premeditation or other criminal overtones.
In so far as Bhupinder Singh was companycerned, the trial Court sentenced him to rigorous imprisonment for a period of three years under Section 326 read with Section 34 IPC and rigorous imprisonment for one year under Section 324 read with Section 34 IPC apart from payment of Rs.2,000/ for the former and Rs.1,000/ for the later offence.
Relying upon the deposition of the said witnesses, the trial Court found both the accused guilty of the offences under Sections 324 and 326 IPC and sentenced the appellant to undergo rigorous imprisonment for a period of four year and two years apart from payment of fine of Rs.5,000/ and Rs.2,000/ respectively for offences punishable under Sections 326 and 324 IPC respectively.
