Both the appeals have been preferred by the State against acquittal of the accused persons under sections 307/34 I. P. C. and for enhancement of the sentences, arising out of the judgment and order dated 9. 1. 1981 passed by Additional Sessions Judge, Unnao in S. T. No. 177 of 1980, whereby the respondents have been acquitted of the charge under section 307/34 I. P. C. but have been convicted under sections 323/34 and 324/34 I. P. C. and sentenced to undergo six months R. I. on three counts and one years R. I. on two counts respectively. Since both the appeals are directed against the same judgment and order, they are being disposed of together by a common order.

2. The prosecution case, in brief, is that the complainant Prem Narayan (P. W. I) and the accused Ram Bali, Gunnu and Ram Dayal are residents of Village and Police Station Makhi, District Unnao. Accused Ram Bali and Gunnu are real brothers and accused Ram Dayal is their maternal uncle. The house of complainant and accused Ram Bali and Gunnu lie in front of each other and a passage intervened between the two. There was well of the complainant, besides which the said passage lies. After the passage there was