Arvind Kumar Tripathi (II),J.

1. Heard Shri Vivek Bhatt, learned counsel appearing on behalf of appellant nos.1, 2 and 4, Shri Awanish Kumar Bhatt, learned counsel appearing on behalf of appellant nos.3, 5 and 6, Sri Sharad Dixit learned AGA for the State respondent and Shri Sunil Kumar Singh, learned counsel for the informant.

2. This criminal appeal has been filed by the appellants - Alwar, Badam, Haripal, Morpal, Hari Singh and Rama Deen, challenging the judgment and order dated 15.9.2005 passed in Sessions Trial No.235 of 2004 by the learned Additional Sessions Judge, Court No.2, Hardoi convicting the appellants and sentencing them to undergo 8 years RI under Section 304 (2) read with Section 149 IPC, and further convicting the appellants - Alwar, Morpal, Hari Pal and Ramadeen and sentencing them to undergo 3 years RI under Section 148 IPC and convicting the appellants - Badam and Hari Singh and sentencing them for 2 years RI under Section 147 IPC.

3. The prosecution case, in brief, are that FIR was lodged by Smt. Kiran on 11.11.2003, at about 11: 25 AM, alleging that Morpal was cutting a branch of Neem tree standing on the Gram Sabha land and her husband Satish forbade hi