P.B. Bajanthri, J. - (1.) The appellants and one Nek Singh were subjected to criminal proceedings on the complaint of one Sh. Pal Singh s/o Channa and Sessions Court acquitted Nek Singh and convicted appellants herein. They were sentenced as under: - Under Sec. 436 IPC: Accused is sentenced to undergo rigorous imprisonment for a period of four years for an offence under Sec. 436 IPC and to pay a fine of Rs. 2500/ -. In default of payment of fine he shall further undergo R. I. for a period of three months. UNDER Sec. 427 IPC: Accused is sentenced to undergo rigorous imprisonment for a period of one year for an offence under Sec. 427 IPC and to pay a fine of Rs. 500/ -. In default of payment of fine he shall further undergo R.I for a period of one month. As for as accused Gailo @ Malkit Kaur is concerned. She is a lady and lenient view is taken in awarding lesser sentence, which is as follow: - UNDER Sec. 436 IPC: Accused is sentenced to undergo rigorous imprisonment for period of two years for an offence under Sec. 436 IPC and to pay a fine of Rs. 2500/ -. In default of payment of fine he shall further undergo R.I for a period of three months. UNDER Sec. 427 IPC: Accused is sentenced to undergo rigorous imprisonment for a period of one year for an offence under Sec. 427 IPC and to pay a fine of Rs. 500/ -. In default of payment of fine he shall further undergo R.I. for a period of one month.
(2.) The appellants aggrieved by the order of sentence the present appeals have been filed.
(3.) Brief prosecution story is that on 01.12.2002 at about 1:00 PM Nek Singh along with his wife Gailo alias Gurmit Kaur and son Bhinder Singh (Bhinder Singh and Gailo alias Gurmit Kaur are the appellants in the present case) all of them approached complainant -PW -1(Sh. Pal Singh) while he was at his house and demanded alleged remaining amount from Pal Singh and his brother Dev Singh and mother Tej Kaur relating to transaction of purchase of 10 biswas land at focal point of village Lehal Kalan. It is a sum of Rs. 5,000/ - which is stated to be outstanding. Complainant inform the appellants and Nek Singh transaction was over and nothing is outstanding. It was alleged that due to non -payment of outstanding amount of Rs. 5,000/ - by the complainant, Nek Singh and Gailo told his son to set the house on fire. Then Bhinder Singh ablazed dry grass lying in the courtyard of the house. The fire spread towards the house and portion of the house and roof was burnt including some house hold articles. Arising out of the aforesaid allegations, the complainant -Pal Singh informed police and gave complaint. Pursuant to the complaint FIR No. 173 of the Cr.P.C. was registered for the offences under Sec. 436, 427/34 IPC on 01.12.2002.;