Hon'ble Sudhir Agarwal,J.

1. The two revisionists Nankau and Pappu Singh are aggrieved by judgment and order dated 26.02.1991 passed by Sri D.K.Srivastava, IVth Assistant Sessions Judge, Kanpur Dehat convicting them under Section 307 read with 34 IPC sentencing each of them to undergo rigorous imprisonment for 5 years and fine of Rs.1,000/-. In case of non payment of fine, both the accused have to further undergo simple imprisonment of one year. The aforesaid judgment has been confirmed by Appellate Court vide judgment dated 23.6.1992 passed by Sri A.K.Roopanwal, Special Judge, (D.A.A.), Kanpur Dehat dismissing revisionists' criminal appeal no.10 of 1991.

2. The prosecution story, in brief, was that on 24.8.1988, complainant Sheo Ratan Singh was sitting at his door of the house near about 7 P.M. along with Devendra Singh, Suresh Singh and Jai Singh. The two revisionists came alongwith one Sughar Singh. The revisionists were armed with Pharsa while Sughar Singh was armed with a country-made pistol. They started hurling abuses on the complainant and his brother Narayan Singh Pradhan and said that they would kill them. The complainant's nephew Saroj Singh son of Ram Pal Sin