Anil Kumar Sharma, J.: -

Challenge in this appeal is to the judgment and order dated 30.07.2012 passed by Sri Chander Pal Singh, the then Addl. Sessions Judge, Court No.5, Budaun in S.T. No. 1121 of 2006 arising out Case crime no. 397 of 2005 u/s 307/34 I.P.C. P.S. Mujaria District Budaun whereby the appellants have been convicted for the offence punishable under section 307/34 IPC and each had been sentenced to undergo rigorous imprisonment for eight years and fine of Rs. 5,000/- with default stipulation.

2. Tersely the facts and evidence unfolded during investigation and trial are that complainant Sabinder Singh s/o Chander Pal r/o Village Sabdalpur P. S. Mujaria District Budaun submitted a written report with the police on 25.8.2005 at 1.30 p.m. wherein he stated that about 12-years ago Ahalkar and others had got his father implicated in the murder case of their father, but for quite some time they were living harmoniously. However, they bore enmity from inside. Today he along with his father had gone to the field for cutting fodder then at about 12 O'clock in the noon Ahalkar s/o Mathuri, his elder brother Kali Charan and younger brother Peshkar armed country made pistols