S.K.JAIN, J. - (1.) THE three appellants, namely, Kanhai, Parasu and Raghuvir in this appeal have been found guilty by the 1st Addl. Sessions Judge, Moradabad vide his judgment and order dated 17.2.1982, passed in S.T. No. 503 of 1979 for the charges against them under section 302 read with section 34 I.P.C. Section 307 read with section 34 I.P.C. and section 324 read with section 34 I.P.C. On the first count each of the appellants has been sentenced to imprisonment for life and on he second count each of the appellants has been sen ­tenced to five years R.I. and on the third count each of the appellants was sentenced to one year's R.I. However, the different sentences awarded to the appellants were ordered to run concurrently.
(2.) DURING pendency of appeal appel ­lant Raghuvir and Kanhai died and their appeal stood abated vide order of this Court dated 14.7.2005. The facts essential for the purpose of this appeal are as follows : Shiv Lal the father of appellant Kanhai had transferred some plot in favour of Smt. Phoolwati wife of deceased Nanhoo. Ap ­pellant Kanhai and his sons appellants Parasu Ram and Raghuvir did not relish the transfer of land by the father of appel ­lant Kanhai. Because of this the three appel ­lants on the one hand and Shiv Lal and his other son Nanhoo on the other hand had strained relations. Appellant Kanhai was born from the first wife of Shiv Lal whereas Nanhoo (deceased) was born from the sec ­ond wife. Shiv Lal started living with Nan ­hoo (deceased). Appellant Kanhai had filed a civil suit against his father Shiv Lal which was pending in the Court. This suit was filed for partition of ancestral property and was decreed on 13.2.1981. Appellant Kan ­hai was given 5/16 share.
(3.) THE present occurrence took place on 18.1.1979 at about 9.00 a.m. when de ­ceased Nanhoo along with the family members was ploughing the land, which was transferred by his father Shiv Lal in favour of his wife Phoolwati. His wife Phoolwati was also present along with Mohan Sharan, Smt. Nathia and Chiranji for picking up potatoes from the field. Ap ­pellant Kanhai (deceased) armed with tabal and his sons appellant Parasu Ram and deceased appellant Raghuvir armed with Chhuri and knife respectively along with others Laxman and Tika Ram who were armed with lathis came on the field of Nanhoo.;