( 1 ) THIS criminal appeal by three brothers, Dev Chandra, Kewal and Shyamdhari sons of Kumar Koeri has been filed against the judgment and order dated 1-7-1981 passed by Sri S. K. Misra, the then Additional Sessions Judge, Azamgarh, whereby they were convicted under Section 304 part II and 324, both read with Sections 34 of Penal Code and were sentenced to undergo rigorous imprisonment for a period of 4 years and 3 years respectively thereunder. Both the sentences of each accused were ordered to run con-currently.

( 2 ) SHYAMDHARI, appellant No. 3 expired during pendency of this appeal in this Court.

( 3 ) THE parties are Koeri by caste except Chandra Dec Yadav, one of the accused Baljor, father of informant Subhash had filed a civil suit against Dev Chandra, Shyamdhari, Kewal, Chandra Dev and Indra Dev in respect of Sehan Darwaza and the civil suit was pending in the month of May 1978. One Pawaroo cousin of Baljor shifted to village Udai at a distance of about 15 miles from village Hathiya P. S. Jeanpur. Pawaroo had executed a sale deed in respect of his agricultural holdings and delivered possession to Rekha, Ramjeet, Kedar, Mangal, Ganpat and Baljor, Pawar