JUDGEMENT
S.N. Bhargava, J. -
(1.)-Heard learned counsel for the petitioner as well as the learned Public Prosecutor.
(2.)The petitioner, along with three others, namely, Jagtar Singh, Gyan Singh and Kala Singh, was tried by the learned Judicial Magistrate, Tijrra, for an offence which occurred on 26th June, 1969 and they were convicted. Suran Singh was convicted under Section. 326, I.P C. and was sentenced to six months rigorous imprisonment and a fine of Rs. 100.00 and in default of payment of fine, to one months rigorous imprisonment whereas, the other three accused persons were convicted under Sec. 126/36, and sentenced to one months rigorous imprisonment, and also under Sec. 123, I P.C. to a fine of Rs. 100.00 and in default of payment of the said fine, to further one months rigorous imprisonment.
(3.)On appeal, the learned Additional Sessions Judge, Kishangarh Baas, converted he offence from under Sec. 326, IPC, to Sec. 324, IPC, and sentenced the accused petitioner to three months rigorous imprisonment and a fine of Rs. 100.00 (one hundred) and in default, to fifteen days rigorous imprisonment, whereas the other accused persons were convicted under Sec. 323, Penal Code as also under Sec. 323/34, Penal Code and sentenced them to the term of fine only.
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