Lok Pal Singh, J.

1. This criminal appeal has been preferred against the judgment and order dated 16.3.2004 passed by Ist F.T.C./Addl. Sessions Judge, Roorkee, District Haridwar in Sessions Trial no.340 of 2001, whereby the appellants have been convicted under Section 308 of IPC and have been sentenced to rigorous imprisonment for a period of four years and fine of Rs.500/- each. It is also directed that in default of payment of fine the accused/appellants shall undergo further one month’s simple imprisonment.

2. Briefly stated, facts of the case are that on 5.1.2001 PW1 Smt. Sitara Devi lodged a First Information Report at Kotwali Roorkee with the averments that her husband Jahangir does work of selling clothes. During Eid, accused Haseem borrowed cloth from her husband Jahangir and had promised to give money next day. Next day i.e. on 29.12.2000 at 12.30 pm, when her husband went to the house of accused Haseen for his money, accused/appellants Haseen and Gullu and co-accused, Jubain attacked upon her husband with an intention to kill him, due to which her husband became unconscious and fell down. Thereafter, accused Haseen and Gulla caused injuries to Jahangir with an iro