Judgment

DUA, J.:- This is an appeal by special leave under Art. 136 of the Constitution. The appellant Gurcharan Singh, his servant Shri Sanjha Ram, Dalip Singh, his wife Smt. Surjit Kaur and Smt. Phullan, wife of one Chaman Lal were tried by the Sessions Judge, Karnal on charges under Ss. 366, 368 and 376, Indian Penal Code. Gurcharan Singh, appellant, with whom alone we are concerned in this appeal was charged with commission of offences under Ss. 366 and 376, I. P. C. The trial court acquitted Phullan and Surjit Kaur but convicted Gurcharan Singh, appellant, under Ss. 366 and 376, I. P. C. sentencing him under the former section to R. I. for three years and under the latter section to rigorous imprisonment for four years and fine of Rupees 200, with further rigorous imprisonment for six months in the event of default in payment of fine. The substantive sentences were to run concurrently. Sanjha Ram was convicted under S. 376, I. P. C. and sentenced to rigorous imprisonment for four years and a fine of Rs. 200, with further rigorous imprisonment for six months in case of default in payment of fine. He was also convicted under S. 368, I. P. C. and sentenced to rigorous imprisonmen