JUDGMENT M. R. Verma, J.: - This appeal is directed against the judgment dated 15.2.2003, passed by the learned Sessions Judge, Solan, whereby the accused/appellants Prem Bahadur, Ram Lai and Hem Bahadur (hereafter respectively referred to as A-1, A-2 and A-3) have been convicted under Sections 452 and 325 read with Section 34 IPC and each of them has been sentenced to undergo rigorous imprisonment for three years and fine of Rs.2000/- and in default of payment of fine, to undergo imprisonment for six months under Section 452 IPC and to rigorous imprisonment for three years and fine of Rs.2000/- and in default of payment of fine, to suffer further imprisonment for six months under Section 325 IPC.

2. Case of the prosecution against the accused persons is that Prem Bahadur (PW-1) and his wife Pushda Devi (PW-2) are Nepalis and were daily wagers in Public Works Department at Kandaghat. At the relevant time, they alongwith their daughter used to reside in the rented premises at Kandaghat. His neighbours Gopal Bahadur (PW-5) and A-3 were residing in the neaf by premises. On 15.11.2001, it was Diwali, therefore, PW-1 had not gone to attend his duties. During day time a quarrel took place

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