WATTAN CHAND AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by Wattan Chand, Ram Piari and Nirmala Devi, who were named as accused along with Ram Singh son of Wattan Chand, in case FIR No. 127 dated 27.10.1999, registered at Police Station Mukerian, District Hoshiarpur, under Sections 308, 323 read with Section 34 IPC.

(2.) The Court of Additional Sessions Judge, Hoshiarpur, vide its judgment dated 27.5.2002, acquitted the appellants for the offence under Section 308 IPC but held them guilty for the offence under Sections 325 and 323 read with Section 34 IPC. Vide a separate order of even date, the appellants were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 200/- each, in default whereof, to further undergo rigorous imprisonment for a period of one month each, for the offence under Section 325 IPC. They were also sentenced to undergo rigorous imprisonment for a period of six months each, for the offence under Section 323 read with Section 34 IPC. Both the sentences were ordered to run concurrently.

(3.) Ram Singh, co-accused of the appellants, was serving in Border Security Force, therefore, he could not be arrested and later a supplementary challan was filed and he was also convicted by the Court of Additional Sessions Judge, Hoshiarpur, vide its judgment dated 4.11.2009, for the offence under Sections 325 read with Section 34 and 323 IPC. Vide a separate order of even date, he was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 200/-, in default whereof, to further undergo rigorous imprisonment for a period of one month each, for the offence under Section 325 read with Section 34 IPC. He was also sentenced to undergo rigorous imprisonment for a period of six months for the offence under Section 323 IPC. Both the sentences were ordered to run concurrently.