(Delivered by Hon.Chandra Dhari Singh,J.)

1. Since both the appeals arise out of the same sessions trial number, they have been heard together and are being disposed of by a common order.

2. The instant criminal appeals bearing nos.2584 of 2008 and 2177 of 2008 have been filed against the judgment and order dated 02.04.2008 passed by the Additional Sessions Judge, court no.3, Farrukhabad in Sessions Trial No.323 of 2000, whereby the Additional Sessions Judge convicted the appellants Ram Naresh s/o Khushiram, Ram Saran s/o Hardayal and Ram Naresh s/o Banwari for the offence punishable under Section 302/34 I.P.C. and sentenced them to undergo life imprisonment and to pay fine of Rs.10,000/-, in default thereof, each appellants shall further undergo one year simple imprisonment.

3. Heard Sri S.V. Singh, learned counsel for the appellants and Sri Shailendra Nath Tripathi, learned A.G.A. for the State and perused the entire record.

4. Brief facts of the case

The facts which can be enumerated from the record may briefly be stated thus:-

I. The prosecution story in nutshell is that the complainant namely Shivkumari on 14.09.1999 at about 2.45 p.m. has given a written report at police station Shamshabad, District Farrukhabad stating that there was combined share of her father-in-law Keshav Ram and his cousin brother namely Ramsahai in the land. Subsequently, after the death of Ram Sahai, his 24 bigha land devolved upon his sons namely Khushiram and Kishanai, in which her husband was also having the share.

II. As sons of Kushiram and Kishanai had not given the share of the complainant-husband in 24 bigha land, therefore, there was a dispute going on between them regarding which the husband of the complainant i.e. deceased had filed a case in Tehsil Kayamganj, which was pending at the time of incident.

III. On the date of incident, the accused Ram Naresh with his brother-in-law, Ram Saran and Ram Naresh s/o Banwari Lodhi Rajpoot came to the field at about 12 noon, where the husband of the complainant namely Atmaram was cutting grass and complainant was also cutting grass in the same field at some distance from her husband. Her younger daughter was also present along with her son-in-law. The accused persons came in the field with the deadly weapon i.e. knife and asked the husband of the complainant to leave the field as his field belongs to them. Her husband told Ram Naresh that since the case pertaining to the same field is still pending before the court concern, therefore, he is also entitled to cut the grass or to do ploughing. A hot altercation started between the deceased and accused persons. The altercations were witnessed by her as she was present in the field along with her daughter and son-in-law. After sometime, accused Ram Naresh, Ram Saran and Ram Naresh son of Banwari Lodhi Rajpoot started inflicting knife blows on the deceased. On hearing the screaming, villagers who were present near about the field came on the spot of incident, on which, the accused persons ran away. The complainant, the complainant's daughter and the person namely Netrapal have witnessed the incident.

IV. Relevant entries were made in the concerned chick F.I.R. No.321 of 1999 at 2.45 P.M. on 14.09.1999 at case crime no.117 of 1999, under Section 302 I.P.C., Police Station Shamshabad, District Farrukhabad and on the basis of the same, case was registered against the deceased persons. Chick F.I.R. is Ext. Ka-10.

V. On the F.I.R. lodged by the complainant, the police started investigation and they came on the spot where the incident took place, prepared the site plan, recovered the deadbody of the deceased and collected plain earth, blood stained earth from the site. They also collected blood stained cloth of the deceased. Inquest of the deceased Atmaram was conducted by the police after reaching on the spot at 4.00 P.M. and the same was completed at 5.30 P.M.. The inquest report is Ext. Ka.4.

VI. The deadbody was sent for post mortem examination