Pratyush Kumar, J. - (1.) The aforementioned appeals filed on behalf of the accused appellants are directed against the judgment and orders dated 29th April, 1987 passed by Sri R.N. Singh, the then IInd Additional Sessions Judge, Lucknow in Sessions Trial No. 8 of 1986 (State v/s. Ram Naresh and others), whereby the appellants were convicted under Sec. 302/34 IPC and sentenced to undergo imprisonment for life.
(2.) Both the appeals are directed against the same judgment and orders. They have been heard together and are being disposed of by a common judgment and order.
(3.) In the instant appeals facts of the prosecution case may be summarised as under: "That on 12th November, 1985 at 6.35 p.m. at police station Mal, District Lucknow Bhagwati Prasad Shukla, R/o village Didhara gave a written report stating therein that on that day his elder brother Ram Kumar with his bataidar (partner) Sarjan was taking care of Gula (water way for irrigating the field) of his field, at that time it was 4 p.m. and he was returning after apana khet jagakar (placing dry grass at his field) he saw his co -villager Ram Naresh and Shyam Kishore alias Beta armed with lathi coming from west, out of their grove, they were saying that they would not leave his brother alive that day and they would take revenge for the murder of Brij Kishore and started to shower lathi blows on his brother. His brother, bataidar Sarjan and he raised hue and cry at that moment Satya Narayan armed with sickle (hansia) came out of a nearby field and started to inflict injuries by the sickle on his brother, who had already fallen down due to lathi blows. All the three assailants said that day they would not spare anyone who came near them because that day they were determined to murder (the deceased). He and other persons could not save his brother as they had no weapon. At their shouts Ram Ratan, Kallu, Abdul Haq came running there and challenged the assailants. At that time Ram Naresh started to severe the head of his brother by the spade. On account of pressure made by them, the assailants after murdering his brother ran away towards western side. When they examined Ram Kumar he had died. In the year 1967 in his village Brij Kishore was murdered with whom Ram Naresh and other claimed relationship. In that murder case his uncle Ram Ratan, brother Ram Kumar and two others were accused. Since then Ram Naresh and his family members bore enmity with him and used to say they would take revenge for the murder. For that reason they had murdered his brother.";