JUDGMENT :

SUDHIR MITTAL, J.

1. This judgment shall decide aforementioned appeal and revision petition as both are directed against the same judgment of conviction dated 17.4.2004 and order of sentence dated 19.4.2004, passed by the Addl. Sessions Judge (Adhoc), Fast Track Court, Gurdaspur.

2. According to the case of prosecution, on 13.5.2000 Hari Singh son of Tara Singh, his brother Joginder Singh son of Gurcharan Singh and nephew Jaspal Singh son of Joginder Singh were sitting in the fields of Joginder Singh. Their servants Goga Masih and Jeeta Masih were also present. At about 7.00 p.m., Joginder Singh sent his servants Goga Masih and Jeeta Masih to Kulwant Singh for bringing the Patta (belt) of the engine from the fields of Didar Singh. After some time Goga Masih came running and told them that Didar Singh and his son Rupinder Singh had forcibly detained Jeeta Masih and were beating him. On hearing this, Joginder Singh and his son Jaspal Singh hurriedly went to the fields of Didar Singh, where they saw Didar Singh and Rupinder Singh beating up Jeeta Masih whereas other accu