(1.) Notice for final disposal is served on the learned Public Prosecutor appearing for the State. With the consent of learned counsel for the parties, the appeal is being finally heard and decided at the admission stage.
(2.) This criminal appeal under Sec. 374(4) Crimial P.C. is directed against the judgment and order dated 5.6.2004 passed by Sessions Judge, Hanumangarh (for short 'the trial Court' hereinafter) is Sessions Case No. 51/2004 whereby the trial Court acquitted the accused-appellants of the offence under Sec. 315 IPC, however, convicted them for the offence under section 325 Penal Code and sentenced them to the period of imprisonment already undergone by them during the trial and fine of Rs. 5,000.00 each, in default of payment of fine they shall further undergo two months' simple imprisonment. It was also directed that on deposition of fine, Rs. 5,000.00 be paid as compensation to PW. 4 Fateh Bano. Aggrieved by the judgment and order impugned, the appellants have filed the instant appeal.
(3.) Heard learned counsel for the appellant and the Public Prosecutor for the State. Perused the judgment and order impugned. I have carefully gone through the record of the trial court.