JUDGMENT :

RATNAKER BHENGRA, J.

1. Heard the parties.

2. This criminal appeal is directed against the judgment of conviction and order of sentence dated 22.02.2003 passed by the learned Sessions Judge, Pakur in Sessions Case No. 130 of 2001, whereby and where under, the learned court below has convicted all the appellants for the offence under sections 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of 7 years for the offence under sections 307/34 of the Indian Penal Code and the period already undergone in custody was ordered to be set off.

3. The prosecution story in brief, as per the fardebyan dated 03-5-2001 of the informant Afsar Ali PW-3 is that informant deals in sell and purchase of ox. On the day of occurrence on 03-5-2001 informant was returning from village Bhera Pokhar after purchasing ox. At about 7:30 p.m. in the evening when the informant reached in between the village Bhera Pokahr and village Naya Pitambara there the informant’s son-in-law Ashikul Sk. and Zahirul Sk. and Tarikul Sk. all sons of Ekramul Sk. and one Ramjani Sk. all resident of village-Naya Pitambara surrounded the informant. All the accused persons were arm