SURESH KAIT, J.

1. The present appeal is being filed while challenging the judgment dated 11th March, 2005 passed by learned Additional Sessions Judge, Karkardooma Courts, Delhi, whereby, the appellant has been held guilty under Section 307 read with Section 34 of I.P.C.

2. Appellant also challenged the order on sentence, whereby, he has been sentenced to undergo R.I for two years and also to pay a fine in sum of Rs.7,000/- each and in default of which, to further undergo SI for four months.

3. The case of the prosecution in brief that the complainant Ramesh used to reside in House No. D-156, Gokalpuri, Delhi. On 12th August, 1999, the appellant along with co-accused Ranjan and Anil, who, according the complainant, were vagabonds came to his house. Complainant Ramesh got annoyed and asked them not to visit his house in future. All the accused threatened him that they would see to it.

4. Thereafter on 13th August, 1999, complainant Ramesh along with his friend Anil went to recover the bills on two-wheeler scooter. After recovery of his dues, they were going back to their respective houses. At about 10:30 a.m, they arrived at A-Block, DDA Park, Gokalpuri. All the three accused a