ANIL KUMAR SRIVASTAVA-II, J.

1. Heard Shri Shishir Pradhan, learned counsel for the appellant and learned A.G.A. and perused the record.

2. Instant appeal has arisen against the judgment and order dated 29.9.1997 passed by the learned Sessions Judge, Lakhimpur Kheri in Session Trial No. 226 of 1990, arising out of case crime no. 38/1989, under section 307 IPC, Police Station Hyderabad, District Kheri, whereby the learned trial court has acquitted the accused Lakhan and convicted the accused Mool Chand and Akhilesh under section 307 read with section 34 and sentenced them to undergo rigorous imprisonment of four years.

3. Feeling aggrieved appellants Mool Chand and Akhilesh preferred the appeal. Appellant Mool Chand died during the pendency of the appeal and his case was abated vide order dated 25.9.2014.

4. According to the prosecution version, complainant Babu Ram is resident of village Deuapur. House of one Ram Chand son of Thakur Prasad is situated towards north of his house after a lane. On 21.5.1989 Chheda Chamar came to the complainant Babu Ram, who is also pradhan of the village and complained that Mulai is filling foundation in the rasta which may cause inconvenience