JUDGMENT :

1. Since both the appeals arising out of same crime number and similar facts, they are being heard analogously and are being disposed off by this common judgment.

2. The appellants by way of these appeals have challenged the judgment dated 29.01.2005 passed by the Additional Sessions Judge, Janjgir (CG) in Sessions Trial No. 331/2004 whereby and whereunder, he has convicted and sentenced the appellants as under :-

3. In brief, the prosecution story is that on 16.04.2004 at about 11:30 p.m. the victim Ramraj Pandey who was constable in the Reserved Police Line and posted as Treasurer Guard was going to join his duty. The appellants were abusing to each other, the victim prevented them, on which, the appellants started abusing him, threatening him and with common intention to kill, assaulted him. Appellant Raju assaulted the victim with Khukhri and appellant Prakash @ Monta assaulted him with stick. Other appellants assaulted him with fists. When Suresh Sharma and Puniram Yadav came to the place of incident, the appellants left the place of occurrence. The case of the prosecution is that if Suresh Sharma and Puniram Yadav have not come to intervene them, they would definetly have killed the victim. On the basis of complaint, crime was registered for investigation and after investigation final report was produced before the trial Court for the offence punishable under Sections 341, 307, 294 333 of the IPC to all the appellants and also Section 25 of the Arms Act to appellant Raju @ Rajendra. The appellants abjured the charges and faced the trial.

4. To bring home the guilt of the appellants, the prosecution examined the witnesses namely PW/1 Suresh Sharma, PW/2 Puniram Yadav, PW/3 Ramraj Pandey, PW/4 Gyanendra Singh, PW/5 Harprasad Pandey, PW/6 Dr. Smt. Rama Ghosh, PW/7 Shivlal Rathore, Patwari who has prepared Najri Naksa and PW/8 J.L. Lakda, Inspector and exhibited Statement of PW/1 Suresh Sharma as Ex.P/1, FIR Ex.P/2, Ex.P/3 Memorandum under Section 27 of the Evidence Act, Ex.P/4 Property Seizure Memo of Stick, Ex.P/5 Memorandum under Section 27 of the Evidence Act, Ex.P/6 Seizure Memo of Khukhri, Ex.P/7 information to CGM, Ex.P/8 and 9 Arrest Memo, Ex. P/10 seeking information about Bed Head Ticket, Ex.P/11 Information about Bed Head Ticket, Ex.P/12 OPD report, Ex.P/13 Medical Examination Report, Ex.P/14 Seeking information from Hospital about the injury sutained by the victim, Ex.P/15 Najri Naksa, Ex.P/16 information with regard to injury sustained by the victim, Ex.P/17 and Ex.P/18 arrest memo. Statement of the accused were recorded under 313 Cr.P.C. The appellants did not examine any defence witnesses but exhibited statement of PW/3 which was recorded under Section 161 Cr.P.C. as Ex.D/1 in their defence.

5. The prosecution star witness is PW/3 Ramraj Pandey, the victim who in the examination in chief has stated that the accused were abusing to each other, he prevented them, thereafter they started abusing him, he has stated that appellant Raju assaulted him with Khukhri on right side of his head, accused Monta assaulted him with stick on right wrist, right leg and below knee. Accused Nankun and Chheme started assaulting him by hands and fists. Thereafter, he fell down, his head started bleeding. He has also stated that during assault the accused were shouting that they will kill him. The witness was cross-examined by the appellants where he has stated that Prakash @ Monta has assaulted him on