D.K.Sinha, J.

1. The present appeals have been directed against the judgment of conviction dated 11.8.98 and order of sentence dated 13.8.98 passed by the 4 th Additional Sessions Judge, Dhanbad in Sessions Trial No. 134/97 whereby both the appellants have been sentenced to undergo rigorous imprisonment for 10 years for their conviction under Section 307/149 I.P.C., one year rigorous imprisonment under Section 147 I.P.C., two years rigorous imprisonment under Section 148 I.P.C. and three years rigorous imprisonment under Section 440 I.P.C. The appellant Arun Kumar Singh was further sentenced to undergo three years rigorous imprisonment for his conviction under Section 27 of the Arms Act. All the sentences were directed to run concurrently with the set off of the period of detention undergone by them.

2. The prosecution story lies in a narrow compass. The informant Ajay Kumar Chourasia (P.W. 7) delivered his statement (Ext. 2) that on 19.1.97 at about 6.30 p.m. while he was sitting with his brother Krishna Chourasia (P.W. 10) and his staff Jai Mangal Singh (not examined) in his shop M/s Ajay Electronics and that his younger brother Chanchal Chourasia (P.W. 3) with his staff B