Hon’ble Arvind Kumar Tripathi, J.—Both the above noted Criminal Appeals have been preferred against the judgement and order of conviction and sentence dated 15.4.1986 passed by IInd Additional Sessions Judge, Deoria, in S.T. No. 199 of 1983 (State v. Jagdish Mishra s/o Bhola Mishra, Sugriv Kumar Mishra s/o Jagdish Mishra and Awadh Kishor Mishra s/o Jagdish Mishra) arising out of Case Crime No. 30 of 1983, under Section 302 read with Section 34 and Section 307 read with Section 34 I.P.C., P.S. Bhatpar Rani, District Deoria. All accused-appellants were awarded life imprisonment under Section 302/34 I.P.C. and convicted for 7 years rigorous imprisonment under Section 307/34 I.P.C. and appellants Sugriv Kumar Mishra and Awadh Kishor Mishra were also convicted for two years and one year rigorous imprisonment under Section 25 Arms Act in S.T. No. 37 of 1984. Further direction was issued by the trial Court that all sentences would run concurrently.

2. Since both the above noted Criminal Appeals have been preferred against the same judgement and order of conviction and sentence hence both the appeals were heard and are decided jointly by a common order.

3. Criminal Appeal No. 1173 of 1986 has been preferred by Jagdish Mishra who died during pendency of appeal hence appeal in respect of Jagdish Mishra stands abated. Appellant No. 2 Sugriv Kumar Mishra, appellant No. 3 Awadh Kishor Mishra were convicted under Section 302 read with Section 34 I.P.C.

4. Accused-appellant No. 1 Jagdish Mishra was awarded life imprisonment under Section 302 read with Section 34 I.P.C. for murder of Surya Bali Mishra. He was further awarded life imprisonment under Section 302 I.P.C. for the murder of Ram Pratap Mishra and seven years rigorous imprisonment under Section 307 read with Section 34 I.P.C. The other appellants Sugriv Kumar Mishra and Awadh Kishor Mishra each were awarded life imprisonment under Section 302 IPC read with Section 34 I.P.C. for the murder of Surya Bali Mishra and seven year rigorous imprisonment under Section 307 read with Section 34 I.P.C. Further Sugriv Kumar Mishra and Awadh Kishor Mishra were sentenced to undergo two years and one year rigorous imprisonment respectively under Section 25 arms Act as used of recovery of country-made pistol, ballam respectively were shown from them.

5. Mr. Gopal S. Chaturvedi, Senior Advocate, assisted by Mr. Prashant Vyas and Ms. Shaumya Chaturvedi, learned advocates, appearing on behalf of appellants, Mr. Sudhir Dixit, learned advocate appeared on behalf of complainant and Mr. A.N. Mullah learned A.G.A. appeared on behalf of the State of U.P.

6. We have heard learned counsel for the parties on 29.2.2016, 3.3.2016 and judgement was reserved.

7. Brief facts of the prosecution case is that F.I.R. was lodged at Police Station Bhatpar Rani by Krishna Kumar Mishra s/o Surya Bali Mishra, r/o Village Bankata Mishra, P.S. Bhatpar Rani, District Deoria. The village known as Bankata Mishra is situated at a distance of about 6 k.m. from police station. As per the First Information Report, one Rajdev Mishra real uncle of the informant was residing with him. There was dispute regarding abadi land in between his cousin Ram Pratap and one Jagdish Mishra of the same Village situated towards western side of his house. There was also a case under Section 107/116 Cr.P.C. in which parties had entered into compromise. Father of the informant Surya Bali Mishra was a Village Pradhan. There was a marriage in his family of one nephew Satya Prakash. After marriage party, they had come back and some of the relatives were also staying there. Satya Prakash is the grandson of deceased Surya Bali Mishra and the marriage was conducted on 26.5.1983 and the marriage party came back on 28.5.1983. The incident took place at about 6:00 a.m. on 30.5.1983.

8. As per allegation, there was enmity between Surya Bali Mishra and accused Jagdish Mishra. There were strained relation in between these two families for about a decade. A c