Sunita Gupta, J.

1. Challenge in this appeal is to the judgment dated 10.05.2001 and the order of sentence dated 14.05.2001 vide which the appellants were convicted for offence punishable u/s 307/34 IPC and sentenced to undergo simple imprisonment for 3 years and fine of Rs.5,000/- each, in default of payment of fine, to undergo simple imprisonment for 5 months.

2. The prosecution case as revealed from report u/s 173 of the Cr.P.C, 1973 is that on 15.11.1995, on receipt of DD No.82B dated 01.11.1995, SI Surender Kumar Guliya reached Maharaja Agrasen Hospital where Kamal Kumar was found admitted in the hospital. He gave a statement, inter alia, to the effect that he is doing white washing and painting work. For last one month he was working with Contractor Laxman and his brother Tejpal, resident of DDA Flats, Ranjit Nagar, near Satyam cinema. In the month of October 1995, he was doing white washing work at Ranjit Nagar, DDA Flats on the asking of the aforesaid contractors. On 29.10.1995, he demanded his dues of Rs.1,400/-. However, they told him to pay the amount whenever the same will be available, as such he did not go for work on 30/31.10.1995. On 01.11.1995, both the