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A perusal of FIR and statements of the witnesses reveal that on that day there was exchange of hot words between the ladies. Therefore, it cannot be ruled out that some provocation was given by Balbir Kaur also due to which occurrence had erupted. Therefore, the offence in the present case will not fall under Section 326 IPC but under Section 335 IPC. Since occurrence had taken place on the spur of moment Section 34 IPC is not attracted and everybody is to be held liable for his own act.

Having granted benefit of doubt to appellant Sheelo and held that Palwinder Singh alias Pala is held guilty of offence under Section 335 IPC and not under Section 326 IPC I have called upon counsel for the parties to address arguments on quantum of sentence.

Mr. Gill has stated that occurrence in the present case had taken place on 25.6.1994. Thus, he has submitted that the appellant has suffered protracted trail for 15 years. It has been further submitted that in the last 15 years, no untoward incident has taken place and the appellants are living peaceful life. Accordingly, sentence awarded upon all the appellants under Section 450 IPC is reduced one year rigorous imprisonment.

Sentence awarded upon appellant Palwinder Singh alias Pala under Section 326 IPC has been converted to Section 335 IPC, he is sentenced to undergo one year rigorous imprisonment along with a fine of Rs.20,000/- The fine shall be paid to injured Paramjit Kaur. In default of payment of fine appellant Palwinder Singh alias Pala shall undergo rigorous imprisonment for six months.

Since appellants Balwinder Singh and Gurdip Singh have been held individually liable and they have been sentenced to three months rigorous imprisonment, by trial Court under Section 323 IPC no modification in their sentence is called for under Section 323 IPC.