JUDGMENT

Harish Chandra, J. - Ram Prasad Singh and Salik Singh, father and son, residents of village Khampur in police circle Baksa in the district of Jauapur, were prosecuted along with one Tinmia Singh, a nephew of Ram Prasad Singh, under Sections 323 and 304 read with Section 34 of the Indian(sic) Penal Code. Tinmin Singh was acquitted by the learned Sessions Judge of Jaunpur. The Appellants were also acquitted of the charge u/s 302 read with Section 34, I.P.C., but he convicted them under Sections 323 and 304 read with Section 34, I.P.C., and sentenced them each to one year's and five years' R.I. respectively for the two, offences. The two sentences have been ordered to run concurrently.

2. The complainant Mahadeo Singh and his brother Ram Sunder Singh deceased belonged to village Karchuli in police circle Machhlishahr in the district of Jaunpur. Village Karchuli is situated at a distance of about two miles from village Khampur. The Appellants and the complainant are descended from common an esters, the father of the complainant. Mahadeo Singh being a brother of the grandfather of the Appellant Ram Prasad Singh. The families have been separate since a long time, but certain Khata