GAYA PRASHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been preferred by Gaya Prashad, Ganga Prashad sons of Ram Gupta and Shambhu Nath son of Ram Bali. They were tried in case FIR No.35 dated 2.3.1999 registered at Police Station Mujessar under Sections 325/34/506 IPC.

(2.) The Court of Judicial Magistrate Ist Class, Faridabad held all the petitioners guilty for offence under Section 325 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each. In default of payment of fine, they were further ordered to undergo rigorous imprisonment for one month. The fine was paid. The trial Court had acquitted the petitioners for offence under Section 506 IPC.

(3.) Aggrieved against the same, the petitioners had filed an appeal. The lower Appellate Court upheld the conviction but reduced the sentence Crl. Rev. No.1859 of 2008 [2] under Section 325 read with Section 34 IPC from two years rigorous imprisonment to one year rigorous imprisonment. However, the sentence of fine was upheld.