This appeal has been preferred by two real sibling brothers Ganesh and Dinesh who are aggrieved by their conviction under Section 307/34 IPC and imposed sentence of 4 years R.I. therefore, recorded by Ist Additional Session's Judge, Ballia, in S.T. No. 156 of 1980, State Vs. Dinesh and others, relating to P.S. Maniar, District Ballia, vide impugned judgment and order dated 29.8.81.

2. Prosecution allegations against the appellants, as are perceptible from the F.I.R. and testimonies of fact witnesses during the Session's trial, stated laconically, indicate that on 27.6.1979 at 12 noon, PW3 Rameshwar, his son Pawan Kumar, P.W.1, with two labours Videshi and Banarasi, PW2,who were brothers, were tilling their land, in their village Hathauz, when the two appellants, armed with lathi and spear (ballam), approached them and forbade them from such tilling. P.W.1 Pawan Kumar refused to abide by their threats by stating that the field belonged to them. On this, appellant Dinesh caught hold of P.W.1 from behind and another appellant Ganesh thrusted a spear blow in his chest with an intention to annihilate him. This incident was witnessed by the persons present there namely,