JUDGMENT (ORAL)

T.P.S. Mann, J.—The appellants have filed the present appeal against the judgment and order dated 11.5.1998 passed by Additional Sessions Judge, Jalandhar. Vide impugned judgment, Sanjiv Kumar appellant was convicted under Section 308 IPC while Rajesh Kumar @ Raju under Section 308 read with Section 34 IPC and both of them were sentenced to undergo RI for a period of one year and to pay a fine of Rs.300 each. In default of payment of fine, they were to undergo further RI for a period of two months.

2. The FIR was registered on the basis of statement Ex. PD made by Nirmala Kumari PW4. She stated therein that her husband Dhani Ram Kapur was working in the Irrigation Department at Pathankot. He would visit Jalandhar on the evening of every Friday. On 10.3.1995 her brother Devinder Kumar had come to meet her at about 6.30 p.m. At that time she was washing the floor of her house. In the meantime, both the appellants came there and asked her as to why she had thrown the dirty water in the street. The complainant told them that she had washed the clothes and the dirty water would pass into the drain. Both the appellants started abusing her. When her husband prevented them,