Krishna Pratap Singh, J.

1. Heard Sri Ramesh Chandra Yadav and Sri Sanjeev Kumar Yadav, learned counsel for the appellant Lalai Yadav, Sri Ramesh Chandra Yadav, learned Amicus Curiae on behalf of the appellant Shiv Chand Yadav in connected Criminal Appeal No. 4783 of 2013 and Sri Ashish Pandey, learned A.G.A. for the State.

2. These two connected criminal appeals are directed against the judgment and order dated 07.09.2013 passed by learned Additional Sessions Judge, Court No. 7, Azamgarh, in Session Trial No. 251 of 2008, arising out of Case Crime No. 280 of 2005, Police Station Saraimeer, District Azamgarh (State of U.P. vs. Shiv Chand Yadav & Another) hence both criminal appeals are decided by the present common judgment.

3. Appellant Lalai Yadav in Criminal Appeal No. 4117 of 2013 has been convicted and sentenced under Section 302 read with Section 34 I.P.C. to serve life imprisonment along with a fine of Rs. 5,000/- and to undergo six months further imprisonment in default of payment of fine. He has also been convicted under Section 504 I.P.C. and sentenced to serve one year imprisonment.

4. Appellant Shiv Chand Yadav in Criminal Appeal No. 4783 of 2013 has been convicted and sentenced under Section 302 read with Section 34 I.P.C. to serve life imprisonment along with a fine of Rs. 5,000/- and to serve further six months imprisonment in default of payment of fine. He has also been convicted under Section 302 read with Section 301 I.P.C. and sentenced to serve life imprisonment along with a fine of Rs. 5,000/-and to undergo six months further imprisonment in default of payment of fine. He has been convicted under Section 504 I.P.C. and sentenced to serve one year imprisonment. Learned trial Court has further directed that all the aforesaid sentences of each one of the appellants shall run concurrently.

5. The first information report of the present incident was lodged on 15.07.2005 at about 17.15 hours at police station Saraimeer, District Azamgarh under Sections 302, 504, 114, 115, 120-B and 34 I.P.C. and Section 7 of Criminal Law Amendment Act regarding an incident said to have been taken place on 15.07.2005 at 3.45 p.m. in village Kolhua situated at a distance of about nine kilometers from police station.

6. Other facts of the case are that the appellants Lalai Yadav, Shiv Chand Yadav and deceased Deep Chand @ Deepu Yadav are the real brothers. The deceased Doodh Nath was son of the deceased Ram Karan Yadav. The appellants and three deceased persons are resident of village Kolhua, Police Station Saraimeer, District Azamgarh. The allegations as per the first information report are that on 14.07.2005 at about 12.00 P.M., the deceased Doodh Nath Yadave and Sita Ram were returning to their respective home through the pathway after ploughing their field catching hold the reins of bullocks one each. When Doodh Nath Yadav and Sita Ram reached near the field Deep Chand @ Deepu Yadav and appellant Shive Chand Yadav they were stopped by Deep Chand @ Deepu Yadav and appellant Shiv Chand Yadav and were questioned as to why they were proceeding along with the bullocks through that pathway; whereupon Doodh Nath Yadav and Sita Ram Yadav said, “this is the pathway. Why they were preventing them from proceeding that aforesaid pathway? Which pathway they will use.” Hearing this Deep Chand @ Deepu Yadav and appellant Shiv Chand Yadav felt offended. Doodh Nath Yadav and Sita Ram caused their bullocks to turn to another route and went their homes. On 15.07.2005, while Doodh Nath Yadav and his father Ram Karan Yadav were planting paddy in their field at about 3.45 P.M., deceased Deep Chand @ Deepu Yadav and both appellants, with one volition, came over to the field of deceased Ram Karan Yadav hurling expletives and intending to kill them. Using abusive language against Doodh Nath Yadav and his father Ram Karan appellant Shiv Chand Yadav said, “How do they dare to prevent their movement yesterday?” On this appellant Lalai Yadav and deceased Deep Ch

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