BRIJ LAL AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard Mr. Huzefa Ahmadi, learned senior counsel for the appellants and Mr. V. Madhukar, learned Additional Advocate General for the State of Punjab.

(2.) Leave granted.

(3.) Both the appellants are aggrieved by the judgment and order under appeal dated 1st December, 2015, passed in CRA -S -950 -SB of 2004 by the High Court of Punjab & Haryana at Chandigarh. By that judgment, the High Court has acquitted a co -accused, Sahib Ram, for the same very offences, but has affirmed the conviction of the appellants herein for the offences punishable under Sections 326 and 325 read with Section 34 of the Indian Penal Code. The sentence awarded by the trial court was modified and reduced to rigorous imprisonment for two years and one year respectively for each of the offences, along with fine of Rs.1,000/ - and Rs.500/ - respectively. For default in payment of fine, further imprisonment of two months and one month respectively has been awarded for each of the offences. The prosecution case rests upon testimony of injured complainant, Ajay Kumar, supported by his younger brother, Sandeep and his maternal uncle, Bharat Singh. The occurrence allegedly happened at about 12.30 a.m. in the night intervening between 22nd and 23rd April, 2002, when the complainant and the witnesses claimed to have gone to take a round of their fields.