JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court dismissing the appeal (Crl. Appeal No.68-DB of 1998) so far as the appellants are concerned. However, co-accused Bhagmal was acquitted.

3. The appellants were convicted for offences punishable under Sections 148, 302 read with Section 149 and 323/149 of the Indian Penal Code, 1860 (in short ‘the IPC’) but they were acquitted of the charge under Section 506 IPC. Co-accused Bhagmal was convicted along with the appellants, but, as noted above, he was acquitted by the High Court.

4. The prosecution story, in a nutshell is as follows.

A case was registered on the basis of statement (Exh.P.L.) of Krishan (complainant-PW-5). As per his statement, joint land owned by his father Naurang (PW6) and his three brothers was earlier partitioned. In that partition, the land in which a well and a room had been constructed by Naurang, fell to the share of his brother Bhagmal and in lieu of it, he was to pay Rs.6600/- to Naurang. Inspite of repeated demands, he did not pay that amount and on December 30, 1994, he refused to pay the same. On December 30