ORDER :

1. This appeal is directed against the judgment of conviction dated 13.08.2003 and order of sentence dated 14.08.2003 passed by the learned Additional District & Sessions Judge, Fast Track Court-II, Chatra in Sessions Trial Case No. 221 of 1996 which arose out of Tandwa P.S. Case No. 06 of 1995 whereby and whereunder the appellants Md. Israil Mian @ Md. Israil Ansari and Md. Abbas Ansari @ Abbas Mian have been convicted for the offences punishable under sections 307, 323, 448/34 of IPC and sentenced to undergo Rigorous Imprisonment for 7 years and in addition to pay a fine of Rs. 1,000/- each and in default of payment of the fine, they were further directed to undergo simple imprisonment for 3 months u/s 307 IPC and sentenced to undergo R.I. for 1 year each u/s 323 of IPC and u/s 448 of IPC. Both the sentences were, however, directed to run concurrently.

Prosecution Story

2. The prosecution arose in the wake of statement dated 16.2.1995 of Quresha Khatoon wife of Maksud Mian resident of Kasiyadih P.S. Tandwa District Chatra before the Officer In-charge Tandwa Police Station which is as under:

The informant Quresha Khatoon stated that on the last night (15.02.1995) when she had