JUDGMENT

Vinod Prasad, J.

Appellants who are three real sibling brothers, Babu Ram, Ram Kumar and Ram Sudhar, all s/o Lakhan Ram, r/o village Babia, P.S. Cantt, District Bareilly, have preferred this appeal against impugned judgment and order dated 31.7.1981, recorded by 1st Additional District and Sessions Judge, Bareilly in S.T. No. 431 of 1980, State v. Babu Ram and others, by which, learned trial Judge has convicted all the three appellants u/s 304/34, I.P.C. and had sentenced them to 5 years' R.I. According to prosecution version, informant Ram Pher and deceased Puttu Lal were real sibling brothers and were first cousins of the appellants, as their fathers, Lakhan Ram and Sundar Lal, were real sibling brothers. Informant had cultivated wheat crop and had stacked it in the empty field of Ganga Prasad for being threshed at appellant's thresher, which was installed there to separate grains from the spikes. For threshing per quintal spikes, to separate grains from the capitulum, appellants were charging 8 Kgs. of wheat grains. On the incident date 12.4.1980 at 3.00 p.m. informant Ram Pher (P.W. 2) alongwith his brother Puttu Lal (deceased) got their wheat spikes threshed on appellan