A.S.NEHRA,J - (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. All the substantive sentences of each of the petitioners were ordered to run concurrently and, out of the amount of fine if realized, Rs. 500/- each were ordered to be paid to the injured persons, namely, Raghunath Singh and Jaimal Singh.
(3.) THE prosecution case, in brief, is as under :-;