Veena Birbal, J.

1. By way of present appeal, challenge has been made to judgment dated 27.11.1999 and order on sentence dated 30.11.1999 both passed by learned Additional Sessions Judge in S.C. No.66/1997 arising out of FIR No.277/92 P.S. Nazafgarh under Section 452/307/34 IPC whereby the learned Additional Sessions Judge has held the appellants guilty for the offences punishable under Section 452/34 IPC and 307/34 IPC and sentenced them to undergo R.I. for two years and to pay fine of Rs.1000/- each for the offence punishable under Section 307 IPC and in default of payment of fine to further undergo R.I. for 6 months and for the offence punishable under Section 452 IPC, the appellants have been sentenced to undergo R.I. for one year and to pay fine of Rs.500/- each and in default of payment of fine to further undergo R.I. for three months. It is further ordered that substantive sentence of imprisonment shall run concurrently.

2. The prosecution case is based on statement Ex.PW 1/A of Rajender Singh, PW-1 alleged to have been made by him to S.I. Raj Singh PW-10 wherein it is alleged that on 26.09.1992 his brother Roshan Lal i.e., victim PW-3, had come to his house at about