JUDGMENT :

Ravindra Maithani, J.

Instant appeal has been preferred against the judgment and order dated13.10.2021 passed by the court of Third Additional District & Sesions Judge, Haridwar in Sessions Trial No. 178 of 2015, State of Uttarakhand v. Sardar Gurjeet Singh & another (“the case”).

2. By the impugned judgment and order, the appellants have been convicted under Section 306 IPC and sentenced to seven years’ rigorous imprisonment and a fine of Rs. 10,000/- each, and in default of payment of fine simple imprisonment for an additional period of six months.

3. Briefly stated, the prosecution case is as follows. The appellants and PW 1 Parmajeet Singh (“the informant”) are neighbours. Both had constructed houses as per the approved plan. The appellants started raising constructions in their open space to construct staircase. Once constructed, it would have obstructed the air and light to PW 1 Paramjeet Singh and his family. PW 1 Paramjeet Singh, the informant, filed Original Suit No. 249 of 2014, Paramjeet Singh v. Gurjeet Singh in the court of Civil Judge, Haridwar (“Original Suit”). In the month of June, during vacations of the Civil Courts, the appellants again started the constr