JUDGMENT :

ARVIND KUMAR MISHRA-I, J.

1. By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 05.08.1991 passed by the V-Additional Sessions Judge, Azamgarh, in Session Trial No.63 of 1988 State Vs. Sheo Lochan and others, arising out of Case Crime No.34 of 1987 under Sections 304 read with Section 34 I.P.C., Police Station-Kopaganj, District-Azamgarh, whereby the accused appellants have been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.500/each, in default of payment of fine, they will have to undergo additional two months imprisonment.

2. Heard Sri Sanjay Kumar Singh, learned amicus curiae for the appellants, Sri Om Narain Tripathi assisted by Sri Subhash Chandra Dubey, learned A.G.As. for the State and perused the record.

3. The prosecution story as unfolded from the record appears to be that the informant PW1 Ram Briksha Rajbhar lodged the oral report at Police Station Kopaganj, District Azamgarh on 15.03.1987 at 9:20 p.m. with the averments that the accused appellants came to the door of Tufani, uncle of the informant around 7 p.m. on 15.03.1987 and started abusing Tufani due