V.K. Ahuja, J.—This is an appeal filed by the appellants against the conviction and sentence imposed by the learned Additional Sessions Judge, Solan vide his judgment dated 24.7.2006 and the appellants were convicted to undergo rigorous imprisonment for seven years each and were further sentenced to pay fine of Rs. 20,000/- each for the offence punishable under Section 307 read with Section 34 IPC. In default of payment of fine both the appellants were ordered to further suffer simple imprisonment for one year each. It was further directed that the amount of fine on realization from the appellants to be paid to the injured.

2. Briefly stated the facts of the case are that on 12.5.2005 at about 2 a.m. a statement under Section 154 Cr.P.C. was made by Sunil Kumar PW-1 before a police officer. He stated that on 11.5.2005 at about 10.30 p.m. he along with Raman Kumar PW-2 came to the tea shop of Bish Ram after doing agriculture work and Bish Ram and one Gopal Singh were already sitting there and were talking. It was alleged that at that time Rajesh Kumar son of Joginder Singh came with iron pipe in his hand and immediately gave a blow over the head of PW-6 Gopal Singh and also