Hon’ble DharamVeer, J.

This criminal appeal arises out against the judgment and order dated 27.05.1986 passed by Sessions Judge, Pauri Garhwal in Sessions Trial No. 42 and 43 of 1985, State versus Balbir Singh & three others convicting the accused/appellants underSections 452, 324, 325 read with section 34 of the Indian Penal Code (hereinafter referred as I.P.C.) and sentencing each of them to one year rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo three months rigorous imprisonment for the offence under Section 452 I.P.C. one year’s rigorous imprisonment for the offence under section 324/34 I.P.C. and two years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo three months rigorous imprisonment for the offence under Section 325/34 I.P.C. All the sentences were to run concurrently.

2. Brief facts of the prosecution case are that on 06.06.1985 at about 2 p.m. Balbir Singh, Jawahar Singh and Khushal Singh S/o Shiv Singh and Surender Singh S/o Sri Avtar Singh R/o Village Toli, P.S. Laxman Jhula entered the residential house of Sri Chandan Singh in their village Toli and caus