GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed against the judgment dated 3.5.2003, passed by the learned Additional Sessions Judge, Patiala, vide which, the appeal filed against the judgment and order dated 10.10.2001, passed by learned Judicial Magistrate, 1st Class, Rajpura, convicting and sentencing the petitioners to undergo RI for one year each and to pay fine of Rs. 1500/ - each; in default of payment of fine, the defaulter to further undergo RI for three months under Section 326/34 of Indian Penal Code and to undergo RI for six months and to pay fine of Rs. 500/ - each; in default of payment of fine, the defaulter to further undergo RI for one month under section 324/34 of IPC. The sentences were ordered to run concurrently. The facts necessary for adjudication of the matter as narrated in para No. 1 of the impugned judgment are as under: - -

(2.) THE accused were charged under 326/324 read with Section 34 of IPC, to which they did not plead guilty and claimed trial.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused -petitioners denied all the incriminating circumstances appearing in the prosecution evidence against them and pleaded false implication. They examined Gurnam Singh D.W.1, Sultan Mohd. as D.W.2 and Mam Raj as D.W.3 and closed their evidence.