JUDGMENT :

Ratnaker Bhengra, J.

This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 04.03.2010 passed by the Sessions Judge, Godda in connection with S.T. No. 233 of 2008 arising out of Pathargama P.S. Case no. 75 of 2007, G.R. no. 602 of 2007 whereby and whereunder all the appellants were convicted under sections 307/34, 323/34 and 380/34 of IPC and sentenced to R.I. for three years and fine of Rs. 1,000/- each, failing which to undergo S.I. for one month for the offence punishable under section 307/34 IPC. Appellants were sentenced to S.I. for six months for the offence punishable under section 323/34 IPC and R.I. for two years and fine of Rs. 1,000/- each and in default to undergo S.I. for one month for the offence punishable under section 380/34 IPC. The period, if any, undergone by the convicts in custody during trial was ordered to be set-off and all the sentences were directed to run concurrently.

2. The case of the prosecution as per written report dated 03.06.2007 of the informant Abhinandan Mehra-PW-4 is that on 3.6.2007 at about 8 p.m. he was going to sleep after taking dinner then accused Nakul Mehra started abusing him an