1. This Criminal Appeal is preferred by appellants Harihar, Moti Lal, Lutawan @ Lutan and Ram Subhag against the judgement and order dated 14.10.1985 passed by VIIth Additional Sessions Judge, Deoria in S.T. No. 64 of 1984 by which they have been convicted and sentenced to imprisonment for life u/s 302/34 I.P.C., two years and six months rigorous imprisonment u/s 324/34 and 323/34 I.P.C., each on both counts. All the sentences were directed to run concurrently.

2. PW3 Fagu lodged a written complaint (Ext. Ka1) at P.S.-Padrauna, District-Deoria on 22.08.1982 at about 12:30 p.m., alleging therein that he was co-owner of a grove situated in the northeast corner of his village, Mathiya Khas. In the partition of guava trees, which had taken place between its co-sharers, complainant, Lutawan, and Harihar, Moti Lal and Jhoolan, one-third share was alloted to the complainant and Lutawan each individually and Harihar, Moti Lal and Jhoolan jointly. The branches of the guava trees standing in the grove spread over the different portions of the co-sharers. While Jhoolan, who also looked after the agricultural work of the complainant, was plucking guava from a tree which had fallen to his share

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