G.S. Sistani, J. (Oral)

1. The challenge in the present appeal under Section 374 of the Criminal Procedure Code is to the judgment dated 10.12.2004 and order on sentence dated 14.12.2004 by which the appellants have been held guilty under Section 307 read with section 34 IPC and sentenced to undergo rigorous imprisonment for a period of five years and fine of Rs.3,000/- and in default of payment of fine further rigorous imprisonment for three months. The facts of the case as noticed by the trial court are as under:

“2. On dated 17.12.02 on receiving DD No.64 B SI B.D. Sharma on being directed by SHO went to LBS Hospital and obtained the MLC of Tulsiram s/o. Jwala Prashad r/o.D-118, South Ganesh Nagar, Delhi and obtained his statement which is Ex.PW-2/A. As per said statement of injured Tulsiram he has been residing at the aforesaid place and is the owner of Balaji Band. Angrej Singh who is owner of Shiv Shankar Band is their tenant and despite several request said Angrej Singh has not been paying the rent. On that day that is on 17.12.02 at about 9:15 p.m. Angrej Singh, Sandeep Kumar @ Neetu and Ganja @ Raghuvir came and threatened him to finish him as he has been demand