(1.) Heard learned counsel for the parties.
(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 12/9/2003 and 15/9/2003, respectively passed by the learned 12th Additional Sessions Judge, Dhanbad in Sessions Trial No. 35 of 1999, whereby the appellants were convicted under Sec. 307 and 387/34 IPC and sentenced to undergo R.I. for 7 years with fine of Rs.500.00under Sec. 307 IPC and further sentenced to one year and fine of Rs.250.00 under Sec. 387 IPC and in default of payment of fine the appellants were directed undergo R.I. of one month each and further ordered to run the sentences concurrently.
(3.) The prosecution case in short is that on 8-9/9/1998 when son of the informant did not return from his beetle leaf shop he got anxious and started searching for him. He found him under a bale tree and with a cut on his neck and blood on his shirt. On asking the victim told that he was assaulted by the appellants.