Judgment

DESAI, J. :- While granting special leave in the above matter, notice was issued to the petitioners to-show cause why the sentence imposed upon them by the High Court should not be enhanced. Mr. J. D. Jain, learned counsel appearing for the appellants urged and in our opinion rightly that once a notice to enhance the sentence is issued the case is wide open and the appellants are entitled to challenge the correctness of the order. of conviction. We accordingly heard submissions on the merits of the order of conviction to satisfy us that the prosecution had failed to bring home the charge.

2. Having heard Mr. Jain we are satisfied that the learned Additional Sessions Judge was right in convicting the appellants Sadha Singh and Natha Singh for an offence under S. 307/34 I.P.C. for attempting, to commit murder of Mohinder Singh and sentencing each of them to suffer rigorous imprisonment for three years and to pay a fine of Rs. 900/- in default to suffer further rigorous imprisonment for six months each. Both of them were also convicted under S. 324/34 I.P.C. for causing injury to Ajit Singh for which each of them was sentenced to suffer rigorous imprisonment for one year and to