(1.) The above noted two appeals which have arisen out of the judgment dated 5.2.2001 of the learned Additional Sessions Judge, Shimla passed in sessions trial No. 33 -S/7 of 1997 are being disposed of by this single judgment.
(2.) The appellant Rajesh alias Bittu in criminal appeal No. 109 of 2001 (hereinafter referred to as A -l) stands convicted by the learned trial Judge for the offence under Section 307, Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5000/ -. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of six months.
(3.) The appellant Attar Singh in criminal Appeal No. 80 of 2001 (hereinafter referred to as A -2) has been convicted for the offence under Section 323 and 341, Indian Penal Code. Upon such conviction, he has been sentenced to simple imprisonment for a period of six months and to pay a fine of Rs. 500/ - for the offence under Section 323, Indian Penal Code. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of one month. He has been sentenced to undergo simple imprisonment for a period of one month and to pay a fine of Rs. 500/ - for the offence under Section 341, Indian Penal Code. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of fifteen days. The two substantive sentences of imprisonment imposed upon him on the two counts have been directed to run concurrently.