Hon'ble SHARMA, J.—This appeal has been filed by the appellants against the judgment and order dated 30.8.1993 passed by Addl. Sessions Judge, Gangapur City, in Sessions Case No. 8/1982, whereby accused appellants have been convicted and sentenced as under:

Accused appellant Dharmendra @ Chippu:

Convicted for the offence under Section 307 IPC and sentenced to undergo 5 years' RI with a fine of Rs. 250/-; in default of payment of fine, to further undergo 1 month' SI

Accused appellant Nahne @ Ghanshyam:

Convicted for the offence under Section 307/34 IPC and sentenced to undergo 5 years' RI with a fine of Rs. 250/-; in default of payment of fine, to further undergo 1 months' SI.

2. Brief facts of the case are as under:

"On 6.9.1991 Bal Kishan (informant) gave a statement before the police that when he was coming from his house and reached near the shop of Rameshwar Panwala, the accused appellants emerged from the nearby street and Chippu said that he (informant) had an altercation on the previous day, for which he must be punished and after making this statement, accused appellant Nanhe Mali caught hold of him while accused appellant Chippu @ Dharmendra inflicted a knife blow on h