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 armed with hansua and chheni. First of all informant’s son-in-law Ashikul Sk. inflicted hansua blow on the neck and nose and thereafter three other remaining accused persons inflicted hansua and chheni blows on the informant as result informant sustained injury. The informant raised hulla and then villagers and informant’s family members came then the accused persons fled away. The reason behind the occurrence as stated by the informant is that informant's daughter Archan Bibi (PW-2) was married to the accused Ashikul Sk. about five years ago and after the marriage Ashikul Sheikh demanded Rs. 5000/- in cash and radio in dowry. But, because of the poverty, the informant could not fulfill the demand.

4. On the basis of the fardbeyan of the informant FIR being Pakur (M) police station case no. 97/2001 was registered against the accused persons under 341, 323, 324, 307 and 34 of IPC. After investigation charge-sheet was submitted and the cognizance of the offences were taken and the case was committed to the Court of Sessions. Charges under sections 307/34 of IPC was framed against the accused persons or appellants herein. On conclusion of trial appellants herein were convicted and sentenced as aforesaid. Hence, this appeal.

5. Prosecution in order to prove its case has examined altogether seven witnesses. PW-3 Afsar Ali is the informant of this case. PW-1 Suhar Banu and PW-2 Archan Bibi are the wife and daughter of the informant respectively. PW-4 and PW-5 are hostile witnesses. PW-6 is Dr. Lalit Kumar Bhagat who examined the injured informant. PW-7 is the investigating officer of this case.

6. PW-3 Afsar Ali is the informant of this case. He has stated in his evidence that on the day of occurrence at about 6:30 p.m. in the evening he was returning home from village Bhera Pokhar after purchasing cow. When he reached near Sarla Pokhar accused persons Ashikul, Tarikul and Zahirul were sitting there. He moved ten hands ahead then accused Ashikul assaulted him by chheni, which is like hansua, near his neck as a result he fell down. He tried to flee away but all the three accused persons surrounded him and Zahirul assaulted him by stick and Ashikul assaulted him by chheni and Tarikul assaulted him by hansua causing injuries on his neck, nose, chin, ear and hand. He further stated that on hearing hulla his wife, daughter and son aged about 10 years came there and then the accused persons fled away. He was brought to hospital and there he stated about the occurrence to the police at 12 O’clock in the night. Informant further stated that Ashikul is his son-in-law and had demanded Rs. 5000/- in cash and one bicycle after marriage and this demands were not been fulfilled and for this reason the accused persons assaulted him.

7. PW-1 Suhar Banu is the wife of the informa