PRATIBHA RANI, J.

1. The appellants are challenging their conviction and order on sentence dated 17th September, 2002 whereby they have been held guilty under Section 323/34 IPC and ordered to be released on probation for a period of six months.

2. The case FIR No.871/1997 under Section 308/186/353/332/34 IPC was registered at Police Station Paschim Vihar on the basis of statement made by the complainant Sh.Surender Yadav (PW-9) at DDU Hospital where he was admitted. SI Rajiv Dudiyal, who visited the hospital, obtained the opinion of the doctor regarding the fitness of the injured to make the statement and thereafter recorded the statement Ex.PW13/A which is to the effect that on 20th October, 1997 at about 8:00 pm the appellant Praveen Kumar came to the restaurant of the complainant to collect some payment for the electrical work done by him. The complainant made part-payment and asked to collect the balance later on. The appellant Praveen Kumar abused the complainant and left after extending threat. The complainant closed the restaurant and returned to his house. At about 8:30 PM, the appellant Praveen Kumar along with his brother came to the house of the complainant and