Virender Singh, J. - Dinesh Kumar alias Baba and Kamal Kishore sons of Faqir Chand, the appellants herein, have been convicted under sections 326/323 read with Section 324 Indian Penal Code and have been sentenced as under :-

Under Section 326/34 Indian Penal Code RI for three years and to pay a fine of Rs. 5000/- in default of payment of fine to further undergo RI for six months.

Under Section 32/34 Indian Penal Code RI for six months and to pay a fine of Rs. 1000/- in default of payment of fine to further undergo RI for two months.

However, both the sentences were ordered to run concurrently.

It is worth mentioning here that, another two accused, namely, Deepak Kumar and Phool Chand were also booked with the present appellants but they stand acquitted. State has not preferred any appeal against their acquittal.

2. Briefly stated, the facts of the prosecution case are that Parveen Kumar used to supply milk to the dairy of Kamal Kishore appellant which is situated outside Hira Mandi and that on 7.7.1988 at about 7.30 P.M., Parveen Kumar came to the shop of his father Amrit Lal and told him that he had quarrelled with Kamal Kishore regarding the money due to him on account of