JUDGMENT

T.P.S. Mann, J. (Oral) - Five accused, namely, Sham Singh, Rajbir @ Gadar, Hans Raj, Satnam and Zile Singh were tried for committing the offences punishable under Sections 457, 380, 436 and 411 IPC. Vide impugned judgment and order dated 3/6.10.2006, learned Additional Sessions Judge, Hisar, acquitted them of the charges under Sections 457, 380 and 436 IPC. However, they were convicted under Section 411 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo further simple imprisonment for two months. The period already spent by them in jail was directed to be set off against their substantive sentence of imprisonment.

2. Aggrieved of their conviction and sentence, Sham Singh and Hans Raj filed the present appeal, i.e. Criminal Appeal S-2157-SB of 2006 whereas Rajbir @ Gadar filed connected appeal, i.e. Criminal Appeal S-2290-SB of 2006. However, no appeal was filed by Satnam and Zile Singh.

3. As both the aforementioned appeals arise out of the same judgment of conviction and sentence, they are being disposed of by a common judgment.

4. According to the prosecution, on 3.8.2002 comp