JUDGMENT :

Gautam Kumar Choudhary, J.

Heard the parties.

1. Both the aforesaid Criminal Appeals arise out of the Judgment of conviction dated 29.11.2012 and order of sentence dated 30.11.2012, passed by learned District and Addl. Sessions Judge-1, Jamtara in Sessions Trial No.69 of 2009 (Jamtara P.S. Case No.217 of 2008) and, therefore, they have been heard together and shall be disposed of by the common Judgment.

2. Appellants have been convicted and sentenced to undergo RI for 7 years and further to pay a fine of Rs.10,000/- each for offence under Section 307 IPC and in default, to undergo imprisonment for six months. They have also been convicted and sentenced to undergo imprisonment for four years and fine of Rs.5000/- each under Section 452 IPC. Appellant Bhirgu Mahato was also sentenced to undergo imprisonment for two years under Section 379 IPC. Appellants were also convicted under Sections 341, 323 and 504 of Indian Penal Code but no separate sentence regarding these offences were passed against them.

3. As per the prosecution case, the incidence took place at 7:30 PM on 08.09.2008 when the appellants/accused persons entered into his house and conjointly assaulted him. The genes