Mukta Gupta, J.

1. By these appeals the Appellants challenge the common judgment dated 13th September, 2011 whereby they have been convicted for offence punishable under Section 307/34 IPC and the order on sentence dated 19th September, 2011 whereby Appellant Javed has been directed to undergo rigorous imprisonment for a period of three years and a fine of Rs. 5000/- and in default of payment of fine to further undergo simple imprisonment for five months and Appellant Mukesh has been directed to undergo rigorous imprisonment for a period of four years and a fine of Rs. 1000/- and in default of payment of payment of fine to undergo simple imprisonment for one month.

2. Learned counsel for the Appellant Javed contends that the name of the Appellant appeared for the first time in the charge-sheet with the aid of Section 34 IPC. All the material witnesses have turned hostile including the injured witness. Thus the present is a case of no evidence. The weapon of offence has not been recovered from the Appellant Javed. As per the FSL report no blood has been detected on the scissor i.e. the alleged weapon of offence. Further, no finger prints have been lifted from the weapon of o