This criminal appeal is at the instance of four accused namely Parsan, Bispat, Jhurrey and Mangrey who stand convicted and sentenced for the offence under Section 302/34 and 394 IPC for life imprisonment and seven years rigorous imprisonment respectively in Session Trial No. 449 of 1980, P.S. Umribegumganj, District Gonda vide judgment and order dated 15.10.1981 and 16.10.1981 passed by the IInd Additional Session Judge, Gonda. Both the sentences are to run concurrently.

2. Incident narrated in the FIR is that on 07.12.1977 at 2.00 P.M. wives of accused Parsan and Jhurrey (real brothers) came at the house of Ramhet/complainant situated at Village Ghadi Manjhar, P.S. Umribegumganj, District Gonda and made complaint that his "calf" caused damage in their Ikh-crop field and they hurled abuses. Complainant stated that calf was of his brother and his father Paramhans also scolded them. On this they returned with a threat that they will send their husband to teach lesson to them. Shortly, thereafter all the four accused armed with lathis came there and hurled abuses and threatened them. Complainant and his father under their fear hid themselves and they did not co