JUDGMENT :

Raj Beer Singh, J.

This appeal has been preferred against the impugned judgment and order dated 28.07.1986 passed by learned VIth Additional Sessions Judge, Azamgarh in Session Trial No. 194 of 1985, (State V Rajdeo Pandey and three others), under Sections 302, 307 of IPC, P.S. Mehnagar, District Azamgarh, whereby all the four accused-appellants, namely, Rajdeo Pandey, Lalji Singh, Om Prakash and Shesh Nath Pandey have been convicted under Sections 302 and 307 of IPC and sentenced to imprisonment for life and four years rigorous imprisonment respectively.

2. Accused-Appellants Lalji Singh and Om Prakash expired during pendency of this appeal and thus, the appeal on their behalf was already abated by this Court vide orders dated 28.03.2018 and 17.07.2019. Now, this appeal is confined only in respect of accused-appellants Rajdeo Pandey and Shesh Nath Pandey.

3. As per prosecution version, there was a dispute between complainant Ramjeet and accused-appellant Rajdeo Pandey over a pond of village, as accused-appellant Rajdeo Pandey has got mutated pond land in his name, while way of complainant was through that pond. In that regard, a case was lodged against the complainant, but