A. S. Srivastava, J.

1. Jokhu, Bechu and Bikrama appellants have filed this appeal against the judgment and order dated 14-11-1977 of the III Additional Sessions Judge, Mirzapur, convicting and sentencing each of them to imprisonment for life under Section 302/34 IPC, to four years' R. I. under Section 307/34 IPO and to one month's R. I. under Section 323/34 IPC. All the sentences are to run concurrently.

2. The appellants belong to the same family. Jokhu and Bechu are real brothers. Bikrama is their cousin. They are residents of village Kani Chaukia, P. S. Pandari, district Mirzapur. Prithvinath deceased is also a member of the same family.

On 22-5-1975 at about mid-day the wife of Jokhu appellant threw some baby-excreta over a heap of cow-dung cakes of Ram Khelawan for which she was remonstrated by the wife of the deceased. This led to a quarrel between the ladies. The appellants were not present at the house. They had gone to attend a Barat. Prithvinath deceased, however, happened to reach there and tried to intervene The case of the prosecution is that when the deceased tried to intervene, the wife of Jokhu pressed his testicles and the quarrel came to an end when other