JUDGMENT

J. N. Takru, J. - These are two connected appeals. Criminal Appeal No. 1738 of 1965 has been filed by Bhim Sen against his conviction and concurrent sentences of five years R.I., under Section 307 I.P.C., one years R.I., under Section 148 I.P.C. and one years R.I., under Section 323/149 I.P.C. while Criminal Appeal No. 2694 of 1965 has been filed by Bandhu Ram against his conviction and concurrent sentences of one years R.I. under Section 323/149 I.P.C. and nine months R.I. under Section 147 I.P.C. Two other persons, namely Noni Ram and Godhan, were also prosecuted along with the appellants. Out of them Godhan was given the benefit of the doubt and acquitted by the learned trial Judge. Noni Ram was, however, convicted and awarded concurrent sentences of one years R.I., under Section 323/149, and nine months R.I. under Section 147 I.P.C. He has not preferred any appeal, but as I took cognizance of his case under Section 439 Cr.P.C., I shall have occasion to refer to it also in the course of this judgment.

2. The case for the prosecution, stated briefly, is as follows: D.W. 1 Smt. Chitya is the step daughter of P.W. 1 Narain, and, at the time of the present incident, was over