Sheo Kumar Singh, J. - (1.) This instant Criminal Appeal under Section 374(2) Cr.P.C. has been filed against judgment and order dated 22.1.1997 passed by VIth Additional Session Judge, Unnao in Session Trial No. 28 of 1996. Accused Sheo Nath, Rajjan and Sheo Dulare were found guilty under Section 304/34 IPC and were sentenced to undergo rigorous imprisonment for four years.
(2.) The brief facts as narrated in the first information report is that complainant Mool Chandra son of Putti Lal resident of village Shankerkhera Majra Sudesha, Bahadurpur, P.S. Makhi lodged a first information report on 3.11.1995 with the facts that his uncle Sagar aged about 40 years had given about one and quarter bigha of land to accused appellant Sheo Nath on amount of Rs. 500/-. Shiv Nath had given this land to uncle of complainant on the basis of bataee. Due to certain dispute with above facts, some altercation took place between the parties and at about 7.00 A.M. on 3.11.1995, all the accused Sheo Nath, Rajjan and Sheo Dulare came there and started to beat Sagar. When the dispute was seen by her aunt and daughter of the uncle, they immediately rushed towards place of incident and made a noise. The deceased immediately rushed away towards his house and entered in his house. All the three accused again entered in the house of his uncle and started to beat and his uncle named Sagar, died on the spot.
(3.) First information report was lodged in case crime No. 345 of 1995 under sections 452, 302 IPC and after investigation charge sheet was submitted before the court of learned Chief Judicial Magistrate. After taking cognizance, learned Chief Judicial Magistrate committed the case to the court of session where all the accused appellants were summoned and charges were framed against them for which they pleaded not guilty and claimed for trial.;