G.S. Sistani, J.

1. Present appeal has been filed by the appellants against the judgment dated 11.02.2009 and the order on sentence dated 19.02.2009 passed by the learned Additional Sessions Judge in FIR No. 94/2003, PS Mansarover Park under section 307/34 IPC. The learned trial court has convicted the appellants under section 307 read with section 34 of the Indian Penal Code (hereinafter referred to as “IPC”). Appellant no.1, Rahisuddin; appellant no. 3, Ali Jaan; and, appellant no. 4, Shaukin Ali were sentenced to undergo rigorous imprisonment for a period of six years while appellant no.2, Alimuddin was sentenced to undergo rigorous imprisonment for a period of five years. A fine of Rs.5000/- each was imposed on the appellants and in default of payment of which, the appellants were sentenced to undergo a further simple imprisonment for a period of five months. All the appellants were granted benefit of section 428 of the Code of Criminal Procedure, 1973.

2. Brief facts of the case, as noticed by the learned Additional Sessions Judge in the judgment dated 11.02.2009 are that a case was registered against the appellants herein on a complaint made by the complainant, Sh