Judgment

RAY, J.:- This appeal is by special leave against the judgment dated 21 October, 1970 of the High Court of Punjab and Haryana convicting the nine appellants, Surta, Ram Sarup, Birkha, Jagram, Mangal Juggal, Mannu, Lakhi and Sisram under Section 148 of the Indian Penal Code and sentencing them to six months rigorous imprisonment and also convicting them under S. 339/149 of the Indian Penal Code and sentencing them to rigorous imprisonment for one year. The other two appellants were awarded a sentence of imprisonment till the rising of the Court and a fine of Rs. 50/- under Section 148 of the Indian Penal Code and in default of payment of fine to undergo rigorous imprisonment for one month each. They were further sentenced to pay a fine of Rs. 100|- under Section 333/149 of the Indian Penal Code and in default of payment to undergo rigorous imprisonment for two months each.

2. The appeal by special leave was limited to the question of sentence only.

3. On 30 July, 1966 Mangal Singh, Assistant Sub-Inspector accompanied by four constables left Police Station, Rewari for patrol duty sometime after 8 p. m. One Piare Lal lodged a report with Mangal Singh that two of his cows were mi