Chandra Bhushan Bajpai, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 07.4.98 passed by 2nd Additional Sessions Judge, Surguja at Ambikapur in Sessions Trial No. 314/93 whereby and whereunder the learned Additional Sessions Judge after holding the appellants Mangal Sana and Chaitanya Sana (died during the pendency of appeal on 25.9.02 and his legal representatives were permitted to contest the appeal as per order dated 11.7.12) guilty for voluntarily causing hurt by dangerous weapon sharing common intention to Shankar (PW-3) and have attempted to take life of Vinod (PW-4) convicted them under Sections 324/34, 307/43 of the IPC and sentenced to undergo rigorous imprisonment for three years, rigorous imprisonment for 7 years and to pay fine of Rs. 5000/-, in default of payment of fine, to further undergo RI for two years. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned thereby committed illegality.

2. As per case of prosecution, on 02.11.92 at about 9.20 p.m. Shankar Sarkar (PW-3) along with Vinod Sarkar (PW-4) lodged repor