DHANNA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners were convicted and sentenced by the Sub-divisional Judicial Magistrate, Rajpura, vide his judgment/order dated 15-11-1985, as follows :- Dhanna Singh petitioner U/s 326 IPC Rigorous imprisonment for two years and a fine of Rs. 500/- and, in default of payment of fine, to undergo further rigorous imprisonment for six months. U/ss 324/34 IPC Rigorous imprisonment for one year. U/s 323 IPC Rigorous imprisonment for six months. Hardial Singh petitioner : U/s 326 IPC Rigorous imprisonment for two years and to pay a fine of Rs. 500/- and, in default of payment of fine, to undergo further rigorous imprisonment for six months. U/s 324 IPC Rigorous imprisonment for one year. U/s 323 IPC Rigorous imprisonment for six months.

(2.) ON appeal, the learned Additional Sessions Judge, Patiala, vide his judgment dated 5-7-1986, set aside the conviction of the petitioners under section323/IPC but maintained their conviction on other counts and sentenced them as under :- Dhanna Singh petitioner :- U/s 326 IPC Rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 250/- and, in default of payment of fine, to undergo further rigorous imprisonment for three months. U/s 326/34 IPC -do- U/s 324/34 IPC Rigorous imprisonment for six months. Hardial Singh petitioner : U/s 326/34 IPC Rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 200/- and, in default of payment of fine, to undergo further rigorous imprisonment for 3 months. U/s 326 IPC -do- U/s 324 IPC Rigorous imprisonment for six months.

(3.) THE prosecution case, in brief, is as under :-