JUDGMENT

A.P. Chowdhri, J. -Mulakh Raj (24) was convicted by the Judicial Magistrate Ist Class, Hansi, by order dated August 21, 1989, under Sections 452, 354 and 323 of the Indian Penal Code. He was sentenced to two years rigorous imprisonment and a fine of Rs. 200/- and in default to a sentence of three months under Section 452 of the Indian Penal Code and to lesser terms of imprisonment and fine for the remaining offences. The sentence of imprisonment was made concurrent. His appeal both regarding conviction as well as sentence was dismissed by the learned Additional Session Judge, Hissar, on April 24, 1991. The present revision was admitted with regard to the question of sentence only.

2. The prosecution case against the petitioner is that on the night intervening 20th and 21st June, 1987, the petitioner entered the house of Naresh Kumari, who was sleeping in the courtyard,. at 11 p.m. On alarm being raised by Naresh Kumari, her mother Sheela Devi, her father Manohar Singh and two neighbours Chuni Lal and Paras Ram, who were sleeping outside in the street, came to the spot and tried to catch hold of the accused. The accused, however, gave Lathi blows to Manohar Singh and managed