1. All the appeals are against the judgment dated 28.08.1999 passed by the First Additional Sessions Judge, Durg, in S.T. No.178 of 1996 whereby the appellants have been convicted under S.307 and further under S.307 read with S.34 of I.P.C. and were sentenced to 5 years R.I. and fine of Rs.1000/- and in absence of payment of fine, 6 months further R.I. was ordered.

2. As per the prosecution case, the complainant Gurudeep Singh was running a STD, PCO in front of place known as Om Parisar at Durg. Before the date of incident, on 20.08.1995 some quarrel took place with the complainant and that of Babbey @ Genrail Singh (A - 1) & Vicky @ Ajit Rai (A - 2); therefore, they were enraged to take revenge. Therefore, on 20.08.1995 while Gurudeep Singh was sitting in a shop, at that time, Babbey @ Genrail Singh (A - 1) & Vicky @ Ajit Rai (A - 2) reached there, started quarreling and extended the threat that in the evening he would be attacked. The complainant Gurudeep Singh informed this fact to his brother Bhagat Singh, however, he advised him not to lodge any report. On the same day, at about 8 p.m., while Gurudeep Singh was sitting at his STD PCO, at that time, the accused Babbey @ Genrail