K.K.Srivastava, J.

1. Heard learned counsel for the revisionists and the learned District Attorney for the State of Haryana.

2. This Criminal Revision was pressed regarding the applicability of Section 34, Indian Penal Code (for short the Code) to the main offence and sentence passed by the courts below.

3. The revisionists along with co-accused Lal Singh were tried in the Court of Judicial Magistrate Ist Class, Kaithal, under Sections 326/324/323/34 of the Code and Section 27 of the Arms Act in case F.I.R. No. 118, dated 15.4.1984 relating to Police Station Kalayat in district Kaithal. The learned Judicial Magistrate, after the trial, believed the prosecution evidence and convicted the accused on all the counts and sentenced them to various terms and ordered the sentences, so awarded, to run concurrently. The maximum sentence was awarded under Sections 326/34 of the Code, which was of three years rigorous imprisonment. An appeal was filed against the judgment of the Judicial Magistrate Ist Class, which was heard and disposed of by the learned Additional Sessions Judge, Kaithal, by judgment dated 2.12.1995. The learned Additional Sessions Judge set aside the conviction of t