Mr. Mehinder Singh Sullar, J. (Oral) - As identical points of law & facts are involved, therefore, I propose to decide criminal appeal No. 168-SB of 2003 (for brevity “the 1st appeal”) and criminal appeal No. 148-SB of 2003 (for short “the 2nd appeal”) filed by appellants Arwinder Singh & others and Balwant Singh & Anr. Respectively, arising out of the same impugned decision of conviction & order of sentence, by virtue of this common judgment, in order to avoid the repetition.

2. Tersely, the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant criminal appeals and emanating from the record, as claimed by the prosecution, is that complainant Karam Singh (PW1) (for brevity “the complainant”) and PW Ruldu Ram. (not examined), claiming themselves to be in possession of land in question for the last 40 years, moved a complaint (Ex.PA) to SSP Hoshiarpur against appellants Arwinder Singh son of Chanan Singh and others (in short “the appellants”), inter-alia alleging therein that they have constructed a temple of Bhagwan Balmikiji and made thatched roofs (Chhans) (cattle sheds) for tethering their cattle on the v