Judgment : K.L. Sharma, J. 1. THIS is a Government appeal under Section 378 (3) of the Code of Criminal Procedure against the judgment and order dated 8th May, 1979 recorded by IVth Additional Sessions Judge, Farrukhabad in Session Trial No. 219 of 1977 whereby Nathu Singh respondent No. 1 was acquitted of the offences under Sections 394 read with 397 and 302, I.P.C. and Rajesh, respondent No. 2 was acquitted of the offences under Sections 394 read with 397 and 302 read with 34, I.P.C. 2. THE material facts of the occurrence were mentioned in the written first information report (Ext. Ka-1) lodged by Atar Singh P.W. 1 at 2 a.m. on 18.4.1977 at Police Station Mohammadabad. In the midnight of 17th and 18th April, 1977 Atar Singh P.W. 1 with his real brothers Ujagar Singh P.W. 2 and Deep Singh (deceased) has gone out for keeping watch of their Khalihan and the tubewell in the village Khajuri of P.S. Mohammadabad, district Farrukhabad. Deep Singh was having his licensed 12 bore S.B.B.L. Gun No. 3604. When these three brothers were going from their wheat field to their tubewell and reached their tobacco field, Nathu Singh and his brother Rajesh and another unknown person came rushing from the side of the tubewell of Kedar Kisan. They flashed torch and asked Atar Singh and brothers to halt there. Rajesh and Nathu Singh caught hold of Deep Singh and the third unknown person caught hold of Ujagar Singh and the latter raised a hue and cry which attracted Veer Sahai and Roop Lal who rushed to the spot. Nathu Singh snatched the gun from Deep Singh and shot him in his chest. They immediately escaped with the gun and bandoleer of Deep Singh, towards the railway line. Nathu Singh and Rajesh Singh who were identified in the torch light are the brothers-in-law of Rampal who works as helper to Kedar Kisan. There was litigation between Atar Singh and Kedar. Deep Singh fell down on account of gunshot injury. On registration of the crime case, investigations were started by Mr. Ram Nath Tyagi who completed the preliminaries. Deep Singh was got admitted to Fatehgarh District Hospital. Dr. Sabir Husain P.W. 7 examined Deep Singh on 18.4.1977 at 4 a.m. and found the following injury vide Ext. 15. 1. Deep Singh fell down on account of gunshot injury. On registration of the crime case, investigations were started by Mr. Ram Nath Tyagi who completed the preliminaries. Deep Singh was got admitted to Fatehgarh District Hospital. Dr. Sabir Husain P.W. 7 examined Deep Singh on 18.4.1977 at 4 a.m. and found the following injury vide Ext. 15. 1. Gunshot wound of Entry margin Inverted ecchymosed 1" In diametre chest cavity deep between IV and V costal cartridge 2" away from middle of chest, 2 1/2" away at 4 o'clock position from right nipple. Air reaching in and out. 3. DR. Sabir Husain P.W. 7 also recorded the Dying declaration of Deep Singh at 4.30 a.m. in the same night vide Ext. Ka-16. But Deep Singh died later on at 8.30 p.m. on 21.4.1977 in the District Hospital. On receipt of information of the death of Deep Singh the case was converted into murder case. Sub-Inspector Gopal Singh P.W. 4 reached the hospital and prepared inquest memo Ext. Ka-7 and other necessary documents. 4. DR. S. P. Srivastava P.W. 5 held the post-mortem examination on the dead body of Deep Singh on 22.4.1977 at 3 p.m. vide post-mortem report Ext. Ka- 17 which brings out following abnormalities- Ante mortem injuries : Gunshot wound of entry on inch of diameter 2 1/2" below right nipple at 4 o'clock position, right side chest cavity deep, directed downwards and backwards right pleura lacerated, right side deaphragun lacerated, right under lacerated. Bones and Joints-right fifth costal cartilage punctured in upper point. Additional remarks : (1) 8 shots and one beddeing piece recovered from the abdominal cavity, seabed sent to S. P. Fatehgarh. B.- Internal Examination : NAD II Thorax NAD III Abdomen. Cavity-2 Lb blood is abd cavity present. Small intestine and its contents. full of gas faecal matter large intestine and its contents. Kidneys with weight-Right kidney lacerated, 7 1/2 oz left. NAD. Opinion to cause and tissue of death - Died due to shock and haemorrhage as a result of injury described. At the trial, the prosecution examined two real brothers Atar Singh P.W. 1 (informant) and Ujagar Singh as the eye-witnesses of the offences besides other formal witnesses and also tendered in evidence the formal documents, and the dying declaration of the deceased Deep Singh. There was no defence evidence. 5. At the trial, the prosecution examined two real brothers Atar Singh P.W. 1 (informant) and Ujagar Singh as the eye-witnesses of the offences besides other formal witnesses and also tendered in evidence the formal documents, and the dying declaration of the deceased Deep Singh. There was no defence evidence. 5. The learned Sessions Judge has held that the dying declaration of Deep Singh is not acceptable for its infirmity and that the eye-witnesses were not present and are not the real eye-witnesses. He, therefore, acquitted both the accused persons of the alleged offences. 6. IN this appeal, the learned Government Advocate has urged before us that the prosecution has proved the guilt of respondents Nathu Singh and Rajesh Singh by the evidence of eye-witnesses and the dying declaration of the deceased Deep Singh and the findings recorded by the learned Sessions Judge are perverse. We, therefore, proceed first to examine the evidence of the eyewitnesses on record. Atar Singh P.W. 1 is the real brother of the deceased Deep Singh and he lodged the first information report within 2 hours at the Police Station Mohammadabad in the same night of the occurrence. The distance was only two miles from the village Khajoori. He has stated on oath that he and his two brothers Deep Singh and Ujagar were there in the midnight to keep a watch over their field and the tubewell, Deep Singh had his licensed gun ; he had a torch and Ujagar Singh had lathi When they saw three persons coming from the side of the tubewell of Kedar, he recognized Nathu and Rajesh with an unknown person in the torch light. Nathu caught hold of Deep Singh ; Rajesh held him and the third unknown person caught hold of Ujagar Singh, P.W. 2. They made a hue and cry but Nathu Singh fired a shot on Deep Singh who got hurt in his chest and fell down. They robbed him of his gun and bandoleer and escaped away. On hearing the noise Roop Lal and Vir Sahai, who were present in the nearby Khalihan reached the site. There was nothing to impeach the testimony of Atar Singh. His presence at the time and place of occurrence was not at all challenged. 7. SECOND eye-witness Ujagar Singh P.W. 2 real brother of the deceased was examined. On hearing the noise Roop Lal and Vir Sahai, who were present in the nearby Khalihan reached the site. There was nothing to impeach the testimony of Atar Singh. His presence at the time and place of occurrence was not at all challenged. 7. SECOND eye-witness Ujagar Singh P.W. 2 real brother of the deceased was examined. He has also stated similarly that he with his brother Atar Singh and Deep Singh were watching their tubewell and fields and when they reached their tobacco field, they saw three persons coming towards them from the side of the south and on flashing torch light, they recognized Nathu and Rajesh and third unknown person who were armed with guns. Nathu caught hold of Deep Chand and Rajesh held him. Nathu snatched gun of Deep Singh and fired shot on him and Deep Singh fell down. On their noise, Roop Lal and Vir Sahai came there but the 'Badmash' snatched cartridges also and ran away towards the west. He was cross-examined at length but nothing significant was brought against the truthfulness and presence of the witness. 8. WE have carefully gone through the entire testimony of these eyewitnesses but we have not been able to find any substantial contradiction. The learned counsel for the respondent has pointed out a contradiction that Atar Singh P.W. 1 stated to have been held by Rajesh and Ujagar Singh P.W. 2 stated to have been held by Rajesh instead of a third unknown person. We consider it to be mere slip of tongue or lapse of memory at the time of giving evidence before the Court. We cannot rule out the possibility that the reader of the Court might have wrongly written the name as he did in the name of Deep Singh as Deep Chand. The learned counsel for the respondent further pointed out another difference. Ujagar P.W. 2 stated that the accused persons were coming from the western side when he saw them and Kedar's tube well is in the south. Atar Singh P.W. 1 stated that the accused persons were rushing towards them from the side of Kedar's tube well. Site Plan Ext. Ka-11 shows the existence of the tube well of Kedar in the Eastern-southern side. The variation is not material because the concept of directions and power of observation vary from individual to individual and from literate to illiterate persons. Site Plan Ext. Ka-11 shows the existence of the tube well of Kedar in the Eastern-southern side. The variation is not material because the concept of directions and power of observation vary from individual to individual and from literate to illiterate persons. Both the witnesses Atar Singh P.W. 1 and Ujagar P.W. 2 are rustics and illiterate persons. They are consistent in their testimony on all material relevant and broad facts constituting the commission of offences by the accused persons Nathu and Rajesh in the company of another unknown person. Therefore, we consider these differences as natural and insignificant. We feel satisfied with the evidence of the two witnesses who have truthfully stated that they were present at the time and place of occurrence and they Identified Nathu and Rajesh In the torch light and Nathu after snatching gun from Deep Singh fired a shot which struck him in his chest and which was ultimate cause leading to his death three days after the Incident. 9. IN the impugned judgment, the learned Sessions Judge has discarded the evidence of these two brothers Atar Singh P.W. 1 and Ujagar Singh P.W. 2 for the reason that they are related with each other and deceased Deep Singh and as such they are interested witnesses. It is true that the two witnesses of occurrence are closely related but merely by virtue of being close relative, it is not proper to reject their truthful statement. IN fact, only these persons were actually present at the time and place of the Incident when Nathu, Rajesh and unknown person caught hold of Deep Singh, Atar Singh and Ujagar Singh and instantly snatched the gun of Deep Singh and fired a shot which struck Deep Singh. On raising alarm for help, Roop Lal and Vir Sahai came there but by then the accused persons ran away with the gun and the bandoleer. Lengthy cross-examination does not even put a suggestion to challenge the presence of these witnesses. Minor variations occurred, because both the witnesses are illiterate and rustics who do not and cannot have correct idea of time and space. Their power of observation and recall of memory deserves due allowance. But they have perfectly stood the test of cross-examination on all the material facts of occurrence and connection of the crime with the respondents Nathu and Rajesh. Their power of observation and recall of memory deserves due allowance. But they have perfectly stood the test of cross-examination on all the material facts of occurrence and connection of the crime with the respondents Nathu and Rajesh. So, on the ground of being close relation, as held by the Hon'ble Supreme Court and by this Court in a number of cases, rejection of the evidence of the eye-witnesses was not Justified IN law. 10. THE learned Sessions Judge has disbelieved the prosecution evidence for the reason that Roop Lal and Vir Sahai have not been examined by the prosecution. We find that Atar Singh P.W. 1 has positively and clearly stated on oath that Roop Lal and Vir Sahai had refused to give evidence on account of fear of the. accused persons. Surprisingly, we find no suggestion in his cross- examination to challenge the refusal of Vir Sahai and Roop Lal. No question was also put to Ujagar Singh P.W. 2 to explain as to why Roop Lal and Vir Sahai were not produced in the evidence. The learned Sessions Judge has illegally ignored this positive reason for non-production of Roop Lal and Vir Sahai and has misconceived an inference that if these witnesses had been produced, they could have turned hostile. Moreover, the first information report Ext. Ka-1 and the ocular evidence of Atar Singh P.Ws. 1 and 2. Ujagar Singh clearly show that the arrival of Vir Sahai and Roop Lal on the site was subsequent to the robbing of the gun, firing of the shot and escape of the miscreants with the gun and cartridges. Therefore, it cannot be said that Vir Sahai and Roop Lal having seen the occurrence were not produced. The reason given out for non-production is also very sound. It is now a notorious fact of which a judicial notice can be taken by the Court that the accused persons use all sorts of pressure and fear tactics to terrorise and prevent the eye-witnesses from giving evidence in the Court against them. The close relatives and the fearless and brave people alone muster the courage to appear as witnesses against the accused persons. Therefore, the realities of the times and the atmosphere of the society should be correctly appreciated by the courts in the appraisal of the prosecution evidence. The learned Sessions Judge has clearly lacked this realistic approach in this case. The close relatives and the fearless and brave people alone muster the courage to appear as witnesses against the accused persons. Therefore, the realities of the times and the atmosphere of the society should be correctly appreciated by the courts in the appraisal of the prosecution evidence. The learned Sessions Judge has clearly lacked this realistic approach in this case. Another reason recorded by the learned Sessions Judge to discard evidence of eye-witnesses is that the number of miscreants mentioned in the dying declaration of Deep Singh contradicts the statement of these witnesses. For this reason also, the learned Sessions Judge has further rejected and refused to place any reliance on the dying declaration of Deep Singh. Thus he has used a double-edged seizer to cut eye-witnesses and the dying declaration. This reason does not commend our approval. The injured Deep Singh was taken in the bullock cart first to police station Mohammadabad where the report was lodged and he was sent to Mohammadabad dispensary in the company of constable and on the advice of the medical officer there, he was taken to District Hospital Fatehgarh by a motorbus. He was immediately admitted to the Hospital and was examined at 4 a.m. on 18.4.1977 by Dr. Sabir Husain P.W. 7 and he prepared injury report Ext, Ka-15. He immediately thereafter at 4.30 a.m. in the same night, recorded a statement of Deep Singh vide Ext. Ka-16. According to his evidence before the Court, Doctor Sabir Husain stated that the statement was read-over to and verified by Deep Singh who put his thumb impression thereon. He has also proved his signatures on and writing of the dying declaration of Deep Singh. In his cross-examination, no suggestion was given to Dr. Husain that at the time of recording dying declaration Deep Singh was unconscious. The only suggestion given was that Deep Singh was unconscious before his statement was recorded. Dr. Husain P.W. 7 rightly answered that he could not say about the consciousness of Deep Singh prior to that. The injury report Ext. Ka-15 does not also speak that Deep Singh was unconscious at the time of examination. It shows that Dr. The only suggestion given was that Deep Singh was unconscious before his statement was recorded. Dr. Husain P.W. 7 rightly answered that he could not say about the consciousness of Deep Singh prior to that. The injury report Ext. Ka-15 does not also speak that Deep Singh was unconscious at the time of examination. It shows that Dr. Husain P.W. 7 recorded the dying declaration of Deep Singh during the conscious state of mind after administering oath and recorded it in the same words as spoken by Deep Singh after giving him warning to speak the truth and at that time all the relatives and other persons were sent out of the room. The statement of P.W. 2 Ujagar that Deep Singh was unconscious and he was present at the time of statement which was recorded a day before death of Deep Singh can be said to suffer by lapse of memory in view of the statement of Dr. Sabir Husain P.W. 7. Thus, it is proved that the dying declaration was promptly and properly recorded by Dr. Sabir Husain P.W. 7 in an atmosphere wherein there was no scope for any tutoring, prompting or a product of imagination, or influence. 11. THE dying declaration Ex. Ka-16 clearly connects the accused Nathu and Rajesh with the commission of the crime and corroborates the case reported promptly in the first information report Ext. Ka-1. A perusal of the dying declaration shows that it was made in a conscious state of mind free from any influence and bias in a natural manner, without any loss of time after the admission and examination of Deep Singh in the District Hospital, Fatehgarh, within four and half hours of the occurrence. The only infirmity argued vehemently by the learned counsel for the respondents is that the number of persons unknown to Deep Singh is stated to be nine whereas according to Atar Singh P.W. 1, and Ujagar Singh P.W. 2 is stated to be only one. We have seen the dying declaration of Deep Singh Ext. Ka-16 which was written on his dictation by Dr. Sabir Husain P.W. 7 in Dev Nagari script. Dr. Husain P.W. 7 has stated in his cross-examination that his knowledge of Hindi is not so good as to infer the number one or nine. We have seen the dying declaration of Deep Singh Ext. Ka-16 which was written on his dictation by Dr. Sabir Husain P.W. 7 in Dev Nagari script. Dr. Husain P.W. 7 has stated in his cross-examination that his knowledge of Hindi is not so good as to infer the number one or nine. He does not remember whether he had put tale stroke at the time of writing the dying declaration or somebody else has done it subsequently. He has of course written other figures in English instead of Hindi but it cannot be said that he accurately wrote only English figures and did not write Hindi number even inadvertently. 12. ASSUMING for the sake of argument that Dr. Sabir P.W. 7 had originally written figure nine (9) and subsequently, it has been tampered, we are of the opinion that the dying declaration cannot be thrown away as the waste paper. There is also a possibility that the writer committed the mistake in counting the figure. There is no tampering with the names of the accused Nathu and Rajesh and their role in the commission of crime. It clearly reads that Nathu caught hold of him, snatched his gun and fired shot at him and both ran away with the gun. We consider necessary to reproduce and hereby reproduce the dying declaration as a whole: "Dying declaration of Sri Deep Singh S/o Chheda Lal aged 50 years R/o village Shahpur Khajoori, P. S. Mohammadabad, district Farrukhabad on oath on 18.4.1977 at 4.30 a.m. L. T. I. Deep Singh Sd./ Sabir Husain 18.4.1977 Certified that the patient remained fully conscious from the beginning to the end of his statement. Sd./- Sabir Husain 18.4.1977" The learned counsel for the respondent pointed out that the names of parents of the accused Nathu and Rajesh were not mentioned. A dying declaration is not expected to be a detailed and complete narration of the prosecution case. What it states should be properly considered and appreciated. It should not be rejected for minor omissions and mistakes of trifling nature, particularly when the maker is an illiterate and the writer is one who does not possess sufficient knowledge of letter and figures of the script which he uses. Even if any suspicion is aroused, it can be safely relied upon with the corroboration of the evidence of eye-witnesses as it is in the present case. 13. Even if any suspicion is aroused, it can be safely relied upon with the corroboration of the evidence of eye-witnesses as it is in the present case. 13. IN the case of Smt. Paniben v. State of Gujarat, JT 1992 (4) SC 397, Hon'ble Supreme Court summed up all the principles relating to the acceptance or otherwise of the dying declaration, in the following words :- (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. Mannu Raja v. State of M. P., (1976) 2 SCR 764 . (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration. State of U. P. v. Ram Sagar Yadav, AIR 1985 SC416; Ramavati Devi v. State of Bihar, AIR 1983 SC 164 . (iii) This Court has to scrutinise the dying declaration carefully and must ensure that the declaration is not the result of tutoring, prompting or imagination. The deceased had opportunity to observe and identify the assailants and was in a fit state to make the declaration. Ram Chandra Reddy v. Public Prosecutor, AIR 1976 SC 1994 . (iv) Where dying declaration is suspicious it should not be acted upon without corroborative evidence. Rasheed Beg v. State of Madhya Pradesh, 1974 (4) SCC 264 . (v) Where the deceased was unconscious and could never make any dying declaration the evidence with regard to it is to be rejected. Kaka Singh v. State of M. P., AIR 1982 SC 1021 . (vi) A dying declaration which suffers from infirmity cannot form the basis of conviction. Ram Manorath v. State of U. P., 1981 SCC (Crl) 581. (vii) Merely because a dying declaration does not contain the details as to the occurrence, it is not to be rejected. State of Maharashtra v. Krishnamurthi Laxmipati Naidu, AIR 1981 SC 617 . (viii) Equally, merely because it is a brief statement, it is not be discarded. On the contrary, the shortness of the statement itself guarantees truth. Swajdeo Oza v. State of Bihar AIR 1979 SC 1505 . (ix) Normally the Court in order to satisfy whether deceased was in a fit mental condition to make the dying declaration look up to the medical opinion. On the contrary, the shortness of the statement itself guarantees truth. Swajdeo Oza v. State of Bihar AIR 1979 SC 1505 . (ix) Normally the Court in order to satisfy whether deceased was in a fit mental condition to make the dying declaration look up to the medical opinion. But where the eye-witness has said that the deceased was in a fit and conscious state to make this dying declaration, the medical opinion cannot prevail. Nanahau Ram and another v. State, AIR 1988 SC 912 . (x) Where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon. State of U. P. v. Madan Mohan. AIR 1989 SC 1519 (Para 17). 14. WE are satisfied in the present case that Deep Singh injured made a true and voluntary declaration in the District Hospital, Fatehgarh to the Medical Officer Dr. Sabir Husain P.W. 7 without any tutoring, prompting and imagination, in a fit mental condition and clearly and correctly described the accused persons and the manner of the commission of the crime. WE are further satisfied that the dying declaration of Deep Singh is consistent with and stands corroborated by the eye-witnesses Atar Singh P.W. 1 and Ujagar Singh P.W. 2. The reasons advanced by the learned Sessions Judge in his Judgment for the rejection of this dying declaration are not valid and acceptable to us. A short and straight statement without the perfectness of the draft inspires more confidence about its truthfulness and reliability. The learned Sessions Judge has adopted a strange argument to discard this dying declaration of Deep Singh by stating that the prosecution has failed to produce the statement of Deep Singh recorded under Section 161 of Cr. P.C. by the Investigating Officer. Under the law, the statements recorded by the Investigating Officer under Section 161, Cr. P.C. cannot be and are not tendered in evidence by the prosecution vide Section 162, Cr. P.C. The copies of such documents which are not signed or thumb marked by the witnesses are however supplied to the accused persons before commitment of the case to the Court of Sessions. The accused persons are of course entitled to use such statements only for the limited purpose of contradicting the witness in the witness-box with regard to his previous statement vide Section 145 of Indian Evidence Act. The accused persons are of course entitled to use such statements only for the limited purpose of contradicting the witness in the witness-box with regard to his previous statement vide Section 145 of Indian Evidence Act. The case diary containing such statements is of course made available to the Court by the Public Prosecutor. The learned Sessions Judge could have seen the same from the case diary instead of condemning the prosecution and drawing an adverse inference to disbelieve the dying declaration of Deep Singh and the ocular evidence adduced by the prosecution. The learned Sessions Judge has committed an error of law. 15. WHILE comparing the ocular evidence with the medical evidence and the site plan, the learned Sessions Judge has adopted an imaginary argument without appreciating the realities and circumstances in which such crimes are committed. He has stated that the place whereon Deep Singh was caught and shot by Nathu was higher by six inches from the ground and post-mortem report Ext. Ka-17 indicated the injury with downwards and backwards direction. On this basis, he has held that the eye-witnesses were not present on the scene and Deep Singh was in a lying position when the shot was fired. We do not at all find any substance in this far-fetched and imaginary argument. The victim even though caught by the assailant does not stand like a pole and tries his best to save himself in every possible manner. The victim bends, twists and moves his hands, feet and body and tries to escape. Nobody can say the exact condition, posture and position of the victim when the assailant attacks him. The difference of six inches level of the ground cannot play any significant role and so it has to be ignored. The medical evidence is only a piece of evidence for corroboration of the nature and extent of the injury of the victim. Here, it corroborates that Deep Singh got fire-arm injury and succumbed later on. The downward and backward direction of the injury does not disprove the ocular evidence when it is consistent on the point that Nathu caught hold of Deepak snatched his gun and fired a shot which struck him. Nothing more can be expected from the witnesses present at the time and place of occurrence. The ocular evidence has to be preferred to the medical evidence in the case of any shortcoming. Nothing more can be expected from the witnesses present at the time and place of occurrence. The ocular evidence has to be preferred to the medical evidence in the case of any shortcoming. The post-mortem report is based on opinion and observation of the dead body which undergoes physical changes over the period. The ocular evidence relates to the acts of living persons at the time of occurrence and is, therefore, of prime importance as substantive evidence to establish the guilt. 16. AFTER considering all the submissions made before us and on careful perusal of the record and the impugned judgment, we feel fully satisfied that the guilt of respondents Nathu and Rajesh has been proved beyond reasonable doubt but the order of acquittal passed by the learned Sessions Judge is wholly unjustified on evidence and in law and it is liable to be set aside. We hold that Nathu is guilty of the offences punishable under Section 394 read with Section 397, I.P.C. and under Section 302, I.P.C. We further hold that Rajesh is guilty of the offences punishable under Section 394 read with Section 397,I.P.C. and under Section 302 read with Section 34, I.P.C. 17. ACCORDINGLY, we allow the Government Appeal and set aside the impugned Judgment dated 8.5.1979 in Session Trial No. 219 of 1977 and reverse the order of acquittal of Nathu and Rajesh, respondents. We held them guilty of the offences mentioned above. We hereby sentence Nathu with life imprisonment for the offence under Section 302, I.P.C. and rigorous imprisonment of 10 years with a fine of Rs. 1,000 (Rupees one thousand only) for the offence under Section 394/397, I.P.C. In the event of default of payment of fine within two months, he shall further undergo six months rigorous imprisonment. 18. WE hereby sentence Rajesh with life imprisonment for the offence under Section 302/34, I.P.C. and 10 years rigorous imprisonment with a fine of Rs. 1,000 (Rupees one thousand only) for the offence under Section 394/397, I.P.C. In the event of default in the payment of fine within two months, he shall further undergo six months rigorous imprisonment. In both the cases, all the sentences will run concurrently. 19. THE learned Sessions Judge, Fatehgarh is hereby directed to get Nathu and Rajesh respondents in the appeal arrested immediately and confine them to Jail in order to serve out the sentences. 20. In both the cases, all the sentences will run concurrently. 19. THE learned Sessions Judge, Fatehgarh is hereby directed to get Nathu and Rajesh respondents in the appeal arrested immediately and confine them to Jail in order to serve out the sentences. 20. LET a copy of this judgment be certified within 7 days to the learned Sessions Judge, Fatehgarh for necessary compliance. Appeal allowed.