PRADEEP NANDRAJOG, J.

( 1 ) APPELLANTS who are brothers were named as offenders by the injured/complainant in FIR No. 578/2000 under Section 307/34 IPC P. S. Uttam Nagar. They were tried by the Additional Sessions Judge in Sessions Case no. 66/01. Vide judgment dated 5. 8. 2002, they were convicted of the offence charged of. Vide order dated 8. 8. 2002, sentence imposed was 7 years RI with fine of rs. 5,000/- each, in default SI for 3 months.

( 2 ) INJURED Prashant had made the following statement pursuant whereto, FIR was registered :

"i reside at K-1/55, Mohan Garden, Uttam Nagar, New delhi along with my family. Today dated 29. 6. 2000 at about 9. 30 PM, carrying Rs. 2/- in coins I went to purchase ice at Peeple Wala Chowk. One rupee coin fell down from my hand. Handing over the other coin to manoj, who was selling ice, I told him to give me ice for Rs. 2/ -. I told him that I would give him Re. 1/- later on. Manoj refused to sell ice to me. I told him that he knew me and I would give him Re. 1/- tomorrow. Altercation ensued. His elder brother Raju reached in the meanwhile. He slapped me on my face. Both brothers assaulted me. Raju exhaulted, today is the right time to teach me a

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