Gopal Prasad, J.-Heard learned counsel for the appellants and learned counsel for the State as well as the informant.

2. The appellants have been convicted for the offence under Sections 307/34 and 452 of the Indian Penal Code and the appellant No.1, namely, Jagarnath Singh has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.l0,000/- and in default to undergo simple imprisonment for one year for the offence under Section 307/34 of the Indian Penal Code and the appellant No.2, namely, Jairam Singh has been sentenced to undergo rigorous imprisonment for ten years for the offence under Section 307/34 of the Indian Penal Code. No separate sentence has been awarded for the offence under Section 452 of the Indian Penal Code.

3. The prosecution case as alleged by the informant Manoj Singh is that on 5.1.1997 when his father was returning after cutting sugarcane crop then there was verbal altercation between his uncle and his brother. On 6.1.1997 at about 6:30 a.m. while his father was sitting in his house along with his mother and other family members then at about 7:30 a.m. Jagarnath Singh aged about 55 years armed with garasa, Pancham Singh armed