1. The appellants-accused Chandra Bhan and Janeshwar assails the conviction for commission of offence under Section 302/34 IPC by the judgment and order dated 21.01.1988 passed by the Additional District and Sessions Judge, Saharanpur, whereby they have been convicted and sentenced to undergo imprisonment for life and also under Section 324/34 IPC, imposed a sentence for six months' R.I. Both sentences were ordered to run concurrently.

2. During the pendency of the appeal, one of the appellants-accused Chandra Bhan has died and this Court has abated his appeal.

3. In short, the prosecution case is that PW-1 Darshan Lal made a complaint at Police Station, Mandi at 10:15 PM that on 12.03.1986, there was marriage ceremony of Prem's daughter, a neighbour, in his locality. The dinner of barat was arranged at his open roof, while the guests were having the dinner, the appellant no.2 Janeshwar with bad motives caught hold of Kalawati, wife of his younger brother Devi Das. She raised an alarm, upon which, Subhash and Devi Das rescued her from Janeshwar and a scuffle broke out between them.

4. They intended to lodge an FIR against his misbehaviour with the wife of Devi Das but pe