Prakash Chandra Jaiswal, J.

1. Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.

2. This criminal appeal has been preferred against the judgment and order of conviction dated 06.03.2013 and order of sentence dated 12.03.2013 passed by learned Adhoc Addl. Sessions Judge-IV, Katihar in Sessions Trial no. 265 of 2005 arising out of Katihar P.S. Case No. 284 of 2003 whereby the learned trial court convicted the accused Ramawtar Yadav and Rikesh Kumar Yadav for the offence punishable under Section 323 of the Indian Penal Code and accused Nilesh Yadav for the offence punishable under Sections 323 and 307 of the Indian Penal Code and sentenced them to undergo S.I. for six months each under Section 323 of the Indian Penal Code and further sentenced accused Nilesh Yadav to undergo R.I. for five years and also slapped him with a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. for one year under Section 307 of the Indian Penal Code.

3. The factual matrix of the case is that Katihar P.S. Case No. 284 of 2003 was instituted under Sections 147, 148, 149, 323, 324, 307, 436 of the Indian Penal Code against accused