JUDGMENT :

This appeal is directed against the Judgment of Conviction and order of sentence dated dated 23rd August 2004, passed by learned Additional Sessions Judge, FTC-III, Daltonganj, in S.T. No.131 of 1994, arising out of Patan P.S. Case No.119/1992, corresponding to G.R. Case No.1443 of 1992 whereby and where under all the three appellants were convicted for the offences punishable under Sections 323, 324 and 452 read with Section 34 of IPC and further they were directed to undergo S.I. for a period of six months under Section 323 of IPC, one year S.I. under Section 324 of IPC and three years S.I. under Section 452 of IPC and all the sentences were directed to run concurrently.

2. The prosecution story arose in the wake of fardbayan of Ramcharittar Upadhyay PW – 4, whose statement was recorded by S.I., L.B. Rai of Daltonganj Town police station on 21.09.1992 at 14.30 hours at the Sadar hospital, Daltonganj. The informant PW – 4 alleged that on 20.09.1992 while the informant was sleeping in his house in the night, he heard some sound of gunshot firing. After some time, some miscreants came and knocked his door. They were asking him to open the door. When the door was not opened,