Advocates Appeared:
For the Appellant :Mr. P.S. Jammu, Advocate
For the Respondent: Mr. Subhash Godara, Addl. AG Punjab

JUDGMENT :

Harpreet Singh Brar J. (Oral)

1. This appeal has been preferred against the judgment of conviction and order of quantum of sentence dated 02.06.2003 passed by learned Additional Sessions Judge, Fast Track Court, Ferozepur in FIR No. 112 dated 20.07.1995 registered at Police Station Dharamkot vide which the appellants was sentenced as under:

Sr No.	Name of Appellant(s)	Conviction under Sections	Sentence awarded	Fine imposed
	Hakam Singh	(i) 458 of IPC (ii) 323 of IPC	Rigorous imprisonment for two earsRigorous imprisonment for six months	Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for six months Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for two months
2.	Resham Singh	(i) 458 of IPC (ii) 323 of IPC	Rigorous imprisonment for two years Rigorous imprisonment for six months	Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for six months Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for two months
3.	Jagdev Singh	(i) 458 of IPC (ii) 323 of IPC	Rigorous imprisonment for two years Rigorous imprisonment for six months	Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for six months Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for two months
4.	Chamkaur Singh	(i) 458 of IPC (ii) 323 of IPC	Rigorous imprisonment for two years Rigorous imprisonment for six months	Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for six months Rs. 500/- and in default of payment of fine further awarded rigorous imprisonment for two months

2. Shortly put forth, the facts of the prosecution are that Harbans Kaur wife of Mohar Singh, Jat resident of Varreh, Police Station Dharam Kot made statement to the police of P.S. Dharamkot that she is resident of village Varreh and they are engaged in pursuit of agriculture. In their village Chhinder Kaur daughter of Pokhar Singh had a land which was being cultivated by them (complainant side) alongwith Hakam Singh (appellant No. 1) on 'Patta'. Out of this, 3-1/2 killas of land was purchased by Jagtar Singh Sarpanch resident of the same village who had given the land so purchased to them (complainant side) earlier on 'Patta then he sold out it to them. Hakam Singh was not ready to surrender the possession of this land. He had a grudge as to why Jagtar Singh Sarpanch had not sold out this land to Hakam Singh. But they (complainant side) obtained possession of this 31/2 killas of land with the help of Police and thereafter they had shown green fodder and Maize crop in the said land which had grown up to 1-1/2 feet. Hakam Singh destroyed the said crop alongwith other accused with the help of a Ford Tractor owned by Chamkaur Singh (appellant No. 4) son of Jora Singh resident of Varreh and Inter-national Tractor owned by Raja Singh son of Sarwan Singh resident of Rajji Wala. On the same night i.e. 19/20.7.1995, they came to her house scaling the main gate to cause injuries to her husband. The complainant alongwith her two daughters Bir-pal Kaur and Surjit Kaur was sleeping in the court yard where electric bulb was on. It was about 10.30 p.m. Accused Hakam Singh was armed with a kirpan, Resham Singh son of Bikar Singh resident of village Varreh, Chamkaur Singh son of Jora Singh, Jagdev Singh son of Sadhu Singh had gandasa each, Bhupinder Singh alias Bhinda son of Megha Singh was armed with Dattar, Raja Singh son of Sarwan Singh resident of Rajjiwala was armed with 12 DBBL rifle, Rattan Singh son of Mela Singh resident of Lahora was armed with 12 bore DBBL gun. Nea