Pratyush Kumar, J. - (1.) The instant appeal, filed on behalf of the accused -appellants, is directed against the judgment and orders dated 30.07.2005 passed by Additional Sessions Judge/Special Judge (E.C. Act), Hardoi in Sessions Trial Nos. 725 of 2000 & 156 of 2001, whereby convicting the appellant No. 1 under Sec. 302/34 IPC and appellant No. 2 under Sec. 302 IPC sentencing them to undergo imprisonment for life and to pay fine of Rs. 5000/ - each and in default thereof further to undergo one year's rigorous imprisonment.
(2.) In this case the facts of the prosecution version may be summarized as under: "That on 27th April, 2000 at 4.00 PM Shri Ram, resident of village Sakaha handed over a written report at P.S. Behta Gokul, District Hardoi mentioning therein that his younger brother Radhey Shyam lives with his family at Rohtak (Haryana) and earned his livelihood there. He came to the village 3 -4 days ago and yesterday when wheat were threshed, he asked their father for his share of wheat. His father declined, thereat altercation took place. That day when he and his brother Harish Chandra were taking lunch at about 1.00 PM he heard shouts of his father Guljari, who was lying outside the door under a Chhappar. He along with Harish Chandra and his wife Guddi went outside running there and saw that Radhey Shyam was inflicting knife injuries to his father and Ram Sagar was holding his father to the cot. They raised hue and cry and challenged the assailants, assailants leaving his father ran away from the spot. Meanwhile Satyaveer also came there and they caught hold of Ram Sagar. After returning he found that his father had died."
(3.) At this, chick FIR was scribed, Case Crime No. 47 of 2000, under Sec. 302 IPC was registered against Radhey Shyam and Ram Sagar. Requisite entries were made in the report of the general diary. Investigation was taken over by Ajay Singh, the then Station Officer of the police station. After his transfer investigation was concluded and charge -sheet was submitted against both the accused.;