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 report before the Inspector of Police Station Ramanujganj that on the same day at about 8 p.m. he was invited by Ex-sarpach Prashant Sarkar (PW-1) for rehearsal of drama. When he along with Vinod Sarkar standing in front of the house of Prashant Sarkar, appellant Mangal Sana reached there and threatened him for taking their life if they take part in the said drama. He resisted the same. During the said altercation, appellants Mangal Sana and Chaitanaya Sana, after sharing common intention, assaulted both of them by knife and axe. The same was recorded in rojnamchasnand No. 39 and injured were sent for medical examination. Dr. R. Chouhan examined Shankar and noticed one lacerated wound with irregular margin of 2" x 1 cm X muscle deep present over the left waist with slight hemorrhage. He opined that the injuries were simple in nature and caused by hard and blunt object and gave his report vide Ex-P/11. He also examined Vinod and noticed one incised looking wound of 2.5 x 0.25 x 3 cm deep cutting some layers of muscles at the right lumbar region. He opined that the injuries may be caused by hard and sharp object and gave his report vide Ex-P/12 which was proved during the trial by Dr. BR Sharma (PW-14). After medical report, FIR was lodged on 03.11.92 by the Station House officer. Police station Ramanujganj vide Ex-P/9. Vinod was referred to District Hospital for further treatment. Blood stained clothes of Shankar and Vinod were seized vide Ex-P/4 & P/5. Knife was seized at the instance of appellant Mangal vide Ex-P/6. Axe which was snatched by Khokhan Machan (PW-2) from appellant Chaitanya was seized vide Ex-P/3. Seized knife and axe were sent for examination. The doctor opined that injuries noticed over the body of injured Shankar and Vinod may be caused by the said articles.

3. Statement of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short 'the Code'). After completion of investigation, charge-sheet was filed before Judicial Magistrate First Class, who in turn committed the case to the Court of Sessions, Surguja at Ambikapur. The learned Additional Sessions Judge, received the case on transfer who framed the charges against both the appellants under Section 506, 324/34 and 307/34 of the Indian Penal Code and conducted the trial.

4. In order to prove the guilt of the appellants, the prosecution has examined as many as 14 witnesses. Statement of the appellants were recorded under Section 313 of the Code, wherein they denied the circumstances appearing against them, pleaded innocence and false implication in crime in question. The learned trial Judge after affording opportunity of hearing to the parties, convicted and sentenced the appellants as aforementioned.

5. As per order dated 11.7.12, by allowing IA No. 517