Pratyush Kumar, J. - (1.) The instant appeal, filed on behalf of the accused -appellants, is directed against the judgment and order dated 23.08.2004 passed by learned Additional Sessions Judge/FTC, Pratapgarh in Sessions Trial No. 525 of 2000 [State v/s. Ramesh Pasi and another] whereby he convicted and sentenced the appellants under Sec. 302/34 IPC for life imprisonment and fine of Rs. 10,000/ - each, in default thereof, the appellants shall further undergo six months rigorous imprisonment.
(2.) In the present appeal facts of the prosecution case are as under: "That on 08.06.2000 at about 7.45 AM Arun Kumar, resident of village Laru (Keshari -ka -purwa), P.S. Kunda, District Pratapgarh gave a written report at the police station stating therein that on the previous night at about 1.00 AM, Ramesh Pasi and Gudunni Pasi, both of his village came to his house and started to abuse his father Ram Badan, who was sleeping in a hut situated in the courtyard on southern side, Gudunni Pasi struck a blow from Kulhadi, his father loudly shouted for help to save him from Gudunni Pasi and Ramesh Pasi and came running in the courtyard. At his voice, he, his mother Rani Devi and sister Manorama, who were sleeping inside the room on the northern side woke up and in the light of torch saw Gudunni Pasi striking Kulhadi on the head of his father. When his father tried to catch Kulhadi, Ramesh Pasi fired country made pistol on the face of his father. His father fell down near the door of the courtyard. On that hue and cry was raised by them and many villagers came there. The assailants threatening them had escaped towards north side of the village. After sometime his father had died. The accused persons had an altercation with the deceased one week ago on account of tress -pass by their pigs in his field. They had threatened to kill his father. Three days' before i.e. on 05.06.2000 in the night, they came to kill his father but his father was awoke and they could not kill him.
(3.) At this chick FIR was scribed, Case Crime No. 90 of 2000 under Sec. 302 IPC was registered at the police station and requisite entry was made in the report of the general diary. Investigation was entrusted to Senior Sub Inspector Rama Shankar Singh, who in the course of investigation recovered weapon of murder Kulhadi, autopsy of the dead body of the deceased was performed and after completion of the investigation submitted the charge -sheet.;