M. C. JAIN, J. ( 1 ) THE appeal in question has been filed by the two accused-appellants (real brothers) against the judgment and order dated 25-5-1981, passed by Sri jaswant Singh, the then IInd Additional sessions Judge, Bijrior. Accuscd-Budh Singh has been convicted under S. 304, Part I and under S. 323, I. P. C. For the former offence, rigorous imprisonment for ten years and fine of Rs. 1000/- has been imposed. In default of payment of fine, he has to undergo further rigorous imprisonment for three months. Three months rigorous imprisonment has been imposed under S. 323, I. P. C. Both the substantive sentences of imprisonment have been ordered to run concurrently. Accused-Baljeet has been convicted under S. 307, I. P. C. and sentenced to three years rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine, he has to further undergo rigorous imprisonment for two months. He has also been convicted under S. 25 of Arms Act and sentenced to six months rigorous imprisonment. His substantive sentences of rigorous imprisonment have also been directed to run concurrently. ( 2 ) THE complalnant of the incident, namely, Chhatar Singh injured has filed criminal Revision No. 1087 of 1981 for modifying the conviction of the accused-appellants to S. 302, I. P. C. and for sentencing them accordingly. The criminal revision has been connected with this criminal appeal and both the matters have analogously been heard to be decided together. ( 3 ) THE relevant facts may be stated. The incident took place on 7-6-1980 at about 7. 30 a. m. in the jungle of village Shahbad alias Dam Nagar, P. S. Nahtaur, District bijnor. The chaks of the parties were on both sides of chak-road. The chak of complaln-ant-Chhatar Singh was towards west of the chak-road while that of the accused-appellants was towards the east of the said chak-road. On 5-6-1980, the accused-Budh Singh had encroached upon the chak-road and raised Mend of his chak, causing hindrance in the passing of Buggi (buffalo-cart) of the complalnant-Chhatar Singh. On 6-6-1980, chhatar Singhs father Lalloo Singh (deceased) demolished the Mend of the field of the accused-Budh Singh which was raised by him the previous day. On 5-6-1980, the accused-Budh Singh had encroached upon the chak-road and raised Mend of his chak, causing hindrance in the passing of Buggi (buffalo-cart) of the complalnant-Chhatar Singh. On 6-6-1980, chhatar Singhs father Lalloo Singh (deceased) demolished the Mend of the field of the accused-Budh Singh which was raised by him the previous day. In the evening of 6-6-1980, the accused-Budh Singh, who was Pradhan of the village, threatened jhabrey Singh (uncle of the complalnant-Chhatar Singh) that he would again raise the Mend of his field and Lalloo Singh and his sons could do anything they liked. In the early morning of 7-6-1980 at about 7 a. m. the complalnant-Chhatar Singh and his brother Mangoo Singh were digging the field of their sugarcane crop and their father lalloo Singh was on his tubewell. At about 7. 30 a. m. , accused-Budh Singh armed with a double barrel gun and accused-Baljeet singh armed with a Tamancha (countrymade pistol) came on their field and again raised the Mend of their field towards the chak-road. The deceased-Lalloo Singh prevented them from raising the Mend but they paid no heed. In the meantime, the accused-Baljeet Singh asked his brother Budh Singh to kill Lalloo Singh. Budh Singh then fired a shot from his gun on Lalloo Singh as a result of which he died at the spot. The complalnant-Chhatar Singh gave a Phawra (spade) blow to Budh Singh with the result his gun fell down on the ground which was taken away by Jhabrey Singh uncle of the complalnant. Then Baljeet Singh fired a shot from his countrymade pistol on Mangoo singh causing injury on his head. Again, the complalnant-Chhatar Singh gave a spade blow to the accused-Baljeet Singh as a result of which his countrymade pistol also fell on the ground. Then the accused-Budh singh took a spade and gave blows to the complalnant-Chhatar Singh, causing injury on his shoulder. Then both the accused ran away from the spot. This incident was witnessed by three witnesses, namely, Jhabrey singh, Pooran and Ram Charan. Thereafter, the complalnant-Chhatar Singh took the gun of Budh Singh and countrymade pistol of Baljeet Singh and kept the same in the kothari of his tubewell which was locked. Then both the accused ran away from the spot. This incident was witnessed by three witnesses, namely, Jhabrey singh, Pooran and Ram Charan. Thereafter, the complalnant-Chhatar Singh took the gun of Budh Singh and countrymade pistol of Baljeet Singh and kept the same in the kothari of his tubewell which was locked. Then leaving the dead body of his father in the field in the supervision of his family members, he went to the Police Station where he lodged the written F. I. R. of the incident on 7-6-1980 at 9. 30 a. m. written by dal Chanel Rathi. The distance of the Police station from the place of occurrence was about five miles. A case was registered against both the accused and the injured chhatar Singh and Mangoo Singh were sent to the State Dispensary, Nehtaur for medical exmination which was conducted by Dr. V. K. Bansal P. W. 4 at 10. 30 a. m. and 10. 45 a. m. respectively. The following injury was found on the person of Chhatar Singh as per Ex. Ka-3 :1. Lacerated wound 1/2" x 2/10" x muscle deep in front of left shoulder, 21/2 below the top of left shoulder. ( 4 ) THE injury was simple. Duration was fresh and it was caused by blunt object. ( 5 ) THE following injuries were found on the person of Mangoo Singh as per Ex. Ka-4 :1. Gunshot wounds of entry, 5 in number on left side of scalp in an area 7" x 3" size, measuring 1" x 1/2 x depth upto penetration, 1/2" x 1/1" x upto penetration, 2" x 1/8" x upto penetration, 1/2" x 1/8" x upto penetration and 1/8" x upto penetration respectively, 3" above the top of left ear. Blackening present all around the wounds. 2. Abrasion 11/2x 1/4 " x on outer side and back of right forearm, 2" above the wrist joint. ( 6 ) INJURY No. 1 was kept under observation. Duration was fresh. Injury No. 1 had been caused by firearm and No. 2 by friction. ( 7 ) THE investigation was taken up by the s. O. , V. M. Sharma P. W. 7. He reached the spot, prepared the inquest report of the dead body of the deceased and completed the papers. Blood-stained and sample earth were taken in possession from the spot. ( 7 ) THE investigation was taken up by the s. O. , V. M. Sharma P. W. 7. He reached the spot, prepared the inquest report of the dead body of the deceased and completed the papers. Blood-stained and sample earth were taken in possession from the spot. He also recovered double barrel gun of accused-Budh Singh and countrymade pistol of baljeet Singh from the Kothari of the complalnants tubewell and prepared recovery memos. A live cartridge was found in one of the barrels of the gun-weapon of offence (DBBL gun of accused-Budh Singh recovered by the Investigating Officer ). Site plan of the spot was prepared by him. The dead body after being sealed was sent for post-mortem which was conducted on 8-6-1980 at 8 a. m. by Dr. B. B. Sharma P. W. 3. The deceased-Lalloo Singh was aged about 50 years. The following ante-mortem injuries were found on his person :-1. Round lacerated wound 11/2 cm. x l1/4 cm. muscle deep on top of the right shoulder. Margins were inverted, wound of entry. 2. Round lacerated wound 3 cm. x 2 cm. on the right shoulder, 2 cm. lateral to injury no. 1. Margins inverted, wound of entry. 3. Round lacerated wound 1 cm. x 1 cm. x muscle deep on the right shoulder, 2 cm. below injury No. 1, wound of entry. 4. Round lacerated wound 1 cm. x 1 cm. x muscle deep on the right shoulder, 1/2 cm. below injury No. 3, wound of entry. 5. Round lacerated wound 3 cm. x 21/2 cm. on right shoulder, 1/2 cm. lateral to injury No. 3, wound of entry. 6. Round lacerated wound 1 cm. x 1 cm. x muscle deep on the right shoulder, 1/2 cm. below injury No. 2, wound of entry. 7. 3 round lacerated wounds 5 cm. x 3 cm. , 3 cm. x 2 cm. and 6 cm. x 5 cm. an axillary muscle deep. Margins inverted. 8. Round lacerated wound 1 crn. x 1 cm. x cavity deep on right side chest, 9 cm. lateral to right nipple. 4 cm from middle line. 9. Round lacerated wound 1 cm. x 1 cm. x cavity deep on the right side chest. 71/2 cm. lateral to injury No. 8. Margins inverted. 10. Round lacerated wound 1 cm. x 1 cm. x muscle deep on the right side chest. 1/2 cm. lateral to right nipple. 4 cm from middle line. 9. Round lacerated wound 1 cm. x 1 cm. x cavity deep on the right side chest. 71/2 cm. lateral to injury No. 8. Margins inverted. 10. Round lacerated wound 1 cm. x 1 cm. x muscle deep on the right side chest. 1/2 cm. lateral to injury No. 9. Margins inverted. 11. Fracture of right humerus bone. ( 8 ) ON internal examination, fracture of 2nd and 3rd right side ribs had been found. Three lacerated wounds were found present on interior surface of anterior and lateral lobes. Death had occurred due to shock and haemorrhage as a result of ante-mortem injuries caused to him. 4 pellets from the body of Lalloo Singh were recovered. His injuries could have been caused by firearm and death could be possible on 7-6-1980 at about 7 a. m. ( 9 ) THE defence was of denial. Budh Singh stated under S. 313, Cr. P. C. that there were party factions in the village. In the morning of the eventful day, his brother Baljeet Singh was digging the field of his cane crop and then Lalloo Singh and his son Chhatar Singh armed with spades, Mangoo Singh armed with Tabal, Ram Charan armed with a spear, veerey armed with countrymade pistol and chandan armed with countrymade pistol and Chandan armed with lathi came on his field and started demolishing the Mend of his field. His brother Baljeet Singh prevented them from demolishing the Mend of his field whereupon all these persons started assaulting Baljeet Singh who cried for help and one chhanga gave an alarm. Then he took out his gun from his house and rushed to the place of occurrence. But the complalnant party started assaulting him also. Then, in the exercise of right of private defence he fired shot in the air and both he and his brother ran away from the spot. But his gun had fallen in the field. It is also the defence of his brother Baljeet Singh who further pleaded that the police was in collusion with the complainant party and for this reason, it did not record the F. I. R. when he and his brother had gone to the Police Station. They were sent to the Government Dispensary in the evening. It is also the defence of his brother Baljeet Singh who further pleaded that the police was in collusion with the complainant party and for this reason, it did not record the F. I. R. when he and his brother had gone to the Police Station. They were sent to the Government Dispensary in the evening. It was the common case of both the brothers that they had falsely been implicated in the case on account of enmity and party factions in the village. ( 10 ) THE prosecution examined seven witnesses at the trial. The material witnesses were Chhatar Singh P. W. 1 and Ram Charan singh P. W. 2. In their defence, the accused-appellants also examined D. W. 1 Dr. V. K. Bansal, Medical Officer, Nehtaur. to prove their injury reports. Budh Singh had been examined on 7-6-1980 at 7. 30 p. m. and the following injuries had been found on his person as per injury report Ex. Kha 3 :1. Incised wound 3" x 1" x bone deep outside of left arm, 2" below the to of left shoulder. X-ray advised. 2 Abraded contusion 3" x 3/4" on right side of scapular region. 3. Abrasion 1/2 x 1/10" on right side of back, 5" below the top of shoulder. 4. Incised wound (vertical) 11/4" x 1/4" muscle deep on right side of lower back, 21/2 " above the superior iliac spine. 5. Contusion 11/2 x 1/2 on outer side of right wrist joint. 6. Abrasion 1/2 " x 1/2" on right side of abdomen, 41/2 from right nipple. 7. Punctured wound 1/2 " x 11/2 " on back left knee. 8. Abrasion 1/2 " x 1/4 on dorsal side of left foot at the root of little toe. ( 11 ) DURATION of the injuries was about 12 hours. Injury No. 1 had been caused by heavy sharp weapon, injury No. 7 by sharp pointed instrument and injuries No. 2 and 5 by blunt object. Rest had been caused by friction. ( 12 ) FOLLOWING injuries had been found on the person of Baljeet Singh on 7-6-1980 at 8 p. m. as per injury report Ex. Kha 2 :1. Lacerated wound 2" x 1/4" x skin deep on right side of scalp, 2/2" above the top of right ear. 2. Rest had been caused by friction. ( 12 ) FOLLOWING injuries had been found on the person of Baljeet Singh on 7-6-1980 at 8 p. m. as per injury report Ex. Kha 2 :1. Lacerated wound 2" x 1/4" x skin deep on right side of scalp, 2/2" above the top of right ear. 2. Incised wound 1 1/2" x 1/4" x skin deep on the top of right shoulder, tailing present on outer side. 3. Abraded contusion 2" x 1 1/2" on outer side of left arm, 2" above the elbow joint. 4. Contusion 1 1/2" x 1/2" on outer side of left arm, 3/4" outer to injury No. 3. 5. Lacerated wound 11/2" x 1/4" x muscle deep on back right heel. 6. Abrasion 1/4 x 1/4" on back of right little finger on its second phalanx. ( 13 ) ALL the injuries were simple and duration thereof was about 12 hours. Injury no. 2 had been caused by sharp instrument, injury No. 6 by friction and rest by blunt object. ( 14 ) ON appraisal of evidence, the trial court passed the impugned judgment which is assailed before us. ( 15 ) WE have heard Sri P. N. Misra. learned counsel for the appellants assisted by Sri V. M. Zaidi and Sri S. S. Yadav, learned A. G. A. In the criminal appeal Sri rajesh Singh has also been heard for the complainant. None argued for the revisionist in the revision. We have carfully perused the record and proceed to decide the criminal appeal as well as the revision. ( 16 ) THE argument of the learned counsel for the accused-appellants is that the complainant side was the aggressor and the prosecution presented a distorted version in collusion with police. According to him, the accused-appellants did not commit any offence withn the ambit of law. Instead, they acted in exercise of right of private defence. On the other hand, learned A. G. A. has supported the impugned judgment recorded by the trial Court. ( 17 ) OBVIOUSLY, the incident being admitted to both the parties, the question for decision is as to how the incident started and who was the aggressor. Chhatar Singh P. W. 1 is the complainant and also the injured of the felony whose injuries have been reproduced above. ( 17 ) OBVIOUSLY, the incident being admitted to both the parties, the question for decision is as to how the incident started and who was the aggressor. Chhatar Singh P. W. 1 is the complainant and also the injured of the felony whose injuries have been reproduced above. The F. I. R. was lodged by him without loss of time on 7-6-1980 at 9. 30 a. m. , the incident having taken place that day at about 7. 30 a. m. and the distance of the Police Station being about five miles. He having been sent for medical examination by the police, injuries were examined that very day at 10. 30 a. m. The other injured mangoo Singh (brother of Chhatar Singh)was also medically examined the same day at 10. 45 a. m. It is further to be noted that the presence of Chhatar Singh P. W. 1 as well as Ram Charan Singh P. W. 2 (another eyewitness) is admitted to the defence side in-asmuch as both of them were named with five others as accused in the cross case lodged by Budh Singh accused-appellant at 6. 5 p. m. on 7-6-1980. Chhatar Singh P. W. 1 deposed about the facts of the incident made mention of earlier. He was subjected to searching cross-examination and it was attempted to be shown that Ram Charan Singh p. W. 2 was his relative. It has come down from the cross-examination of Ram Charan singh P. W. 2 that he is Khandani of Chhatar singh as also of the two accused-appellants. The alleged kinship is of no consequence in view of the fact that the presence of Ram charan at the time of the incident is admitted to the accused-appellants through their cross report. We should also state here that the generalised defence of false implication owing to party factions has no significance because the occurrence is admitted. ( 18 ) RAM Charan Singh P. W. 2 supported the version of Chhatar Singh P. W. 1 in material particulars. Ram Charan Singh P. W. 2 is named as an eye-witnesses in the F. I. R. The whole thrust from the defence side in the cross-examination of the two eye-witnesses was that they (accused) caused injuries to chhatar Singh, his brother Mangoo Singh and father Lalloo Singh (deceased) in the exercise of their right of private defence. Ram Charan Singh P. W. 2 is named as an eye-witnesses in the F. I. R. The whole thrust from the defence side in the cross-examination of the two eye-witnesses was that they (accused) caused injuries to chhatar Singh, his brother Mangoo Singh and father Lalloo Singh (deceased) in the exercise of their right of private defence. Though the accused-appellants did not examine any eye-witness in defence to support their version of the incident, but their defence as brought on record through the statement of the accused-Budh Singh was put forth to the eye-witnesses in their cross-examination, which they denied. No doubt, the accused-appellants-Budh Singh and baljeet Singh were also medically examined the same night and certain injuries were reported to have been found on their persons, but it is pertinent to state that Chhatar singh P. W. 1 in the F. I. R. as well as in his statement before the Court gave plausible explanation about the injuries caused to budh Singh and Baljeet Singh. The explanation is found to have been given by Ram charan Singh P. W. 2 also. The explanation is that after Budh Singh opened the shot from his gun hitting and killing Lalloo Singh instantaneously, Chhatar Singh P. W. 1 and his brother Mangoo Singh leapt forward to catch hold of him (Budh Singh ). Budh Singh pointed the gun towards Chhatar Singh also. In defence, Chhatar Singh gave a spade blow to Budh Singh and as a result, his gun fell down which was picked up by his uncle jhabrey. Mangoo scuffled with Baljeet Singh and the latter opened the shot from his countrymade pistol injuring him (Mangoo singh on his head ). Leaving Budh Singh, chhatar Singh gave a blow to Baljeet Singh with spade and Mangoo had caught him by wrist. In the scuffle, the countrymade pistol of Baljeet Singh fell down. Then Budh Singh came forward with spade to extricate Baljeet singh and hit Chhatar Singh with it on his left shoulder. Baljeet Singh got released and both of them (Budh Singh and Baljeet Singh)ran away. The countrymade pistol was also picked up by them and they carried the gun and countrymade pistol to the Kothari of their tubewcll and locked it there, whereafter Chhatar Singh and Mangoo Singh went to lodge the F. I. R. , leaving the dead body of his father in the supervision of others. The countrymade pistol was also picked up by them and they carried the gun and countrymade pistol to the Kothari of their tubewcll and locked it there, whereafter Chhatar Singh and Mangoo Singh went to lodge the F. I. R. , leaving the dead body of his father in the supervision of others. ( 19 ) SECTION 105 of the Indian Evidence act provides that burden of proof that case of the accused comes within an exception, lies upon him. General exceptions are contained in Chapter IV of the Indian Penal code, comprising the right of private defence too. We are conscious that it is not necessary for the accused to lead evidence to prove that he acted in exercise of right of private defence and it may be inferred on the scrutiny of the prosecution evidence itself together with attending circumstances brought on record. But the entire scenario has to be viewed for coming to the right conclusion. ( 20 ) IN the case at hand, the defence case was that Lalloo Singh, Chhatar Singh, mangoo Singh, Ram Charan etc. had started demolishing the Mend of the field of the accused. When Baljeet Singh asked them not to do so. they started assaulting Baljeet singh. One Chhanga had allegedly given an alarming call and then Budh Singh ran towards the spot with a gun taken from his house. He was also allegedly assaulted and then he opened fire in the air. We should point out that the accused did not care to examine the said Chhanga to back their version on whose call budh Singh had allegedly reached the spot with his gun. They also did not examine the other witness, namely, Vijay Pal, named in their cross F. I. R. The scrutiny of the prosecution evidence and the attending circumstances wholly demolishes their defence version of having acted in self-defence. It is of great importance that the F. I. R. was lodged by Chhatar Singh at the Police Station on 7-6-1980 at 9. 30 a. m. in the presence of S. O. V. M. Sharma P. W. 7. After sending the two injured Chhatar Singh and Mangoo Singh for medical examination, he had immediately proceeded to the spot. He had recovered one DBBL gun (Material exhibit-I) and one countrymade pistol (Material Exhibit-4) from the Kothari of the tubewell of the complalnant. 30 a. m. in the presence of S. O. V. M. Sharma P. W. 7. After sending the two injured Chhatar Singh and Mangoo Singh for medical examination, he had immediately proceeded to the spot. He had recovered one DBBL gun (Material exhibit-I) and one countrymade pistol (Material Exhibit-4) from the Kothari of the tubewell of the complalnant. As mentioned earlier, he had found one live cartridge in the gun and one empty cartridge in the barrel of the countrymade pistol. Such recovery was made immediately alter the lodging of the F. I. R. , lending credence to the prosecution version. F. I. R. itself had been lodged with promptitude with no time gap for concoction or deliberation. ( 21 ) IT has been urged for the appellants that as per the testimony of the eye-witness, one injury each had been caused by Chhatar singh to Budh Singh and Baljeet Singh, whereas they suffered a number of injuries at the time of their medical examination. It is to be pointed out that many of their injuries were superficial, all of them being simple. It is human psychology to minimize his part in a criminal incident. May be that chhatar Singh struck more than one spade blows to Budh Singh and Baljeet Singh. But that does not mean that the aggressor was the prosecution side. It is crystal clear on the scrutiny of the evidence on record that aggressors were the two accused-appellants. It has been Lald down by the Supreme Court in the case of Sone Lal v. State of U. P. , 1983 sc Cr. R. page 345 : ( AIR 1981 SC 1379 : 1981 Cri LJ 1027) that aggressors, even if receive injuries from the victim of their aggression, cannot have the right of private defence. By and large, the prosecution has explalned the injuries of accused-appellants. We have carefully examined the testimony of the Investigating Officer V. M. Sharma p. W. 7. Admittedly, Budh Singh was the pradhan of the village. After the Investigating Officer had reached the spot consequent upon the lodging of the F. I. R. , he was informed by the Chaukidar Karan Singh that the accused had run away to the Pradhan of village Mussaratpur where they were planning the creation of fictitious evidence with the making of more injuries on their persons. After the Investigating Officer had reached the spot consequent upon the lodging of the F. I. R. , he was informed by the Chaukidar Karan Singh that the accused had run away to the Pradhan of village Mussaratpur where they were planning the creation of fictitious evidence with the making of more injuries on their persons. This part of his testimony is, of course, based on hearsay and should be ignored. But he immediately reached that village. The accused were not found there. Instead, he came to know that the accused had gone to village Nehtaur on a tractor and in the way, he found both of the accused going on the tractor of Jasram. He arrested both of them. It was then that the accused-Budh Singh handed over the cross F. I. R. Ex. Ka-16 to him in which ultimately final report was submitted. It was fitting in the scheme of things designed by the accused-appellants that after committing this crime, they rushed to the Pradhan of another village. Budh singh being himself the Pradhan. rushed to seek the advice of his friend (Pradhan of another village) to create a false defence with a cross F. I. R. containing twisted version. ( 22 ) THE contention of the appellants with regard to collusion of police with the complainant does not stand a close scrutiny. Chhatar Singh was not at all an influential person. On the other hand, Budh Singh was the Pradhan of the village. The conduct of the Investigating Officer V. M. Sharma P. W. 7 in immediately sending the two appellants for medical examination after their arrest and taking down the cross F. I. R. rather exhibits his fairness. It is also a factor to be taken note of that submission of final report by the police in the cross-case did not forbid the accused to file a complalnt case in the Court. They did not make any application or complaint to higher police authorities either that local police was in collusion with the complalnants party. ( 23 ) HAD the defence version contained any grain of truth, there could hardly be any occasion for the firearms being there at the time of the digging of the sugarcane field by baljeet Singh. They did not make any application or complaint to higher police authorities either that local police was in collusion with the complalnants party. ( 23 ) HAD the defence version contained any grain of truth, there could hardly be any occasion for the firearms being there at the time of the digging of the sugarcane field by baljeet Singh. It is in consonance with the prosecution case and evidence that Budh singh accused had shot dead Lalloo Singh by firing from his gun and injured Mangoo singh sustained firearm injuries at the hand of Baljeet Singh. The use of the firearms by the two accused-appellants in this way is fully established. ( 24 ) THE truth filtering out from the evidence on record and attending circumstances is that there was a dispute between the parties over the Mend raised by the accused side, encroaching upon the chak-road and once earlier demolished by the prosecution side. On the day and time of the incident also, a sudden quarrel took place between the parties over this issue. The two accused-appellants were there at the spot to have an upper edge of extending their mend on the chak-road on the strength of their muscle power, Budh Singh being intoxicated because of his position as Pradhan too. The prosecution side was unarmed and when Lalloo Singh objected to the raising of the Mend, encroaching upon the chak-road, he was fired at and killed by Budh Singh accused. Then the scuffle took place between chhatar Singh and Mangoo Singh (sons of lalloo Singh) on the one hand and the two accused on the other as detailed in earlier discussion. Budh Singh himself was armed with the gun and he hardly needed any exhortation to open shot on Lalloo Singh whereby he was killed, It was not a premeditated murder. The two accused-appellants were there with the purpose of raising/extending their Mend encroaching upon the chak-road on the strength of their muscle power and when an objection was raised from the prosecution side, they indulged in violence. Chhatar Singh P. W. 1 only used spade. As is well known, spade is used in agricultural operations. There was no firearm with the persons on the prosecution side. Chhatar Singh P. W. 1 only used spade. As is well known, spade is used in agricultural operations. There was no firearm with the persons on the prosecution side. Lalloo singh deceased, Chhatar Singh P. W. 1 and his brother Mangoo Singh were working at their sugarcane field and the root cause of the incident was the raising/extension of the mend by the accused-appellant encroaching upon the chak-road. Naturally, spade was used by Chhatar Singh when Budh singh had killed his father and pointed the gun towards him. His brother Mangoo Singh was also there who in this sudden fight and scuffle, was hit on the head by the shot fired by Baljeet Singh. Chhatar Singh also, during the course of fight, was hit by Budh singh by the spade (subsequent to the fallen gun of Budh Singh having been picked up by Jhabrey and Baljeet Singh having injured mangoo Singh on his head by opening shot from his countrymade pistol ). Baljeet Singhs countrymade pistol also had fallen down owing to the twisting of his arm by Mangoo singh. ( 25 ) THE learned trial Judge rightly concluded that both the accused-appellants were liable for individual acts committed by them. The accused-Budh Singh has rightly been convicted under S. 304. Part 1, I. P. C. and under S. 323, I. P. C. (for causing simple injuries to Chhatar Singh ). Baljeet Singh having caused injuries by countrymade pistol on Mangoo Singhs head vital part, his conviction under S. 307, I. P. C. is also legally sustainable. Since the weapon used by him was illicit countrymade pistol, he was also rightly convicted under S. 25 of the Indian Arms Act. ( 26 ) THE last alternative argument of the learned counsel for the appellants was that the sentences passed by the Court below are excessive. Ten years rigorous imprisonment with fine of Rs. 1000/- is the sentence passed against the accused-appellant-Budh singh under S. 304, Part I, I. P. C. , and three months rigorous imprisonment under s. 323, I. P. C. The sentence passed against baljeet Singh accused-appellant is three years rigorous imprisonment with a fine of rs. 500/- under S. 307, I. P. C. and six months rigorous imprisonment under S. 25 of the Indian Arms Act. 500/- under S. 307, I. P. C. and six months rigorous imprisonment under S. 25 of the Indian Arms Act. ( 27 ) ON the totality of facts and circumstances of the case that it was a sudden fight in which simple injuries were sustained by the two accused-appellants also, it would meet the ends of justice to reduce the sentence of the accused-appellant-Budh Singh of S. 304, Part I, I. P. C. to seven years rigorous imprisonment and to pay a fine of Rs. 1000/- with three months rigorous imprisonment in default of payment of fine. No other interference is called for in respect of other sentences passed against the accused-appellants. ( 28 ) WE do not find any merit in the Criminal Revision No. 1087 of 1981 filed by the complalnant and it is liable to be dismissed. ( 29 ) IN final result, the appeal is partly allowed. The conviction of the accused-appellant-Budh Singh and Baljeet Singh as passed by the learned trial Court are confirmed. But the sentence passed against the accused-appellant-Budh Singh is modified this way. ( 30 ) THE accused-appellant-Budh Singh shall undergo seven years rigorous imprisonment under S. 304, Part I, I. P. C. and shall pay a fine of Rs. 1000/ -. In default of payment of fine, he shall undergo further rigorous imprisonment for three months. He is also sentenced to three months rigorous imprisonment under S. 323. I. P. C. The two substantive sentences of rigorous imprisonment shall run concurrently but one in default of payment of fine shall be undergone separately. ( 31 ) THERE would be no change in the sentences awarded to the accused-appel-lant-Baljeet Singh with the result that he shall undergo three years rigorous imprisonment and shall pay a fine of Rs. 500/-under S. 307, I. P. C. In default of payment of fine, he sall undergo further two months rigorous imprisonment. He shall undergo six months rigorous imprisonment under S. 25 of the Indian Arms Act. The substantive sentences of imprisonment shall run concurrently but one in default of payment of fine shall be undergo separately. ( 32 ) THE two accused-appellants-Budh singh and Baljeet Singh are on bail. Chief judicial Magistrate, Bijnor shall cause them to be arrested and lodged in jail to serve out the sentences. Compliance be reported with two months. ( 33 ) REVISION No. 1087 of 1981 is dismissed. ( 32 ) THE two accused-appellants-Budh singh and Baljeet Singh are on bail. Chief judicial Magistrate, Bijnor shall cause them to be arrested and lodged in jail to serve out the sentences. Compliance be reported with two months. ( 33 ) REVISION No. 1087 of 1981 is dismissed. Let the judgment be certified to the Court below. Order accordingly.