JUDGMENT :

VIRENDRA KUMAR SRIVASTAVA, J.

1. Both the aforesaid appeals have been preferred against the judgment and order dated 25.05.2004, passed by Additional District and Sessions Judge, F.T.C. Court No. 4, Hardoi, in Sessions Trial No. 499 of 2002, arising out of Case Crime No. 92 of 2001, P.S. Pachdevra, District-Hardoi, whereby the appellants-Nabi Sher and Nabi Hasan of Criminal Appeal No. 1324 of 2004 and appellant-Shakir Ali of Criminal Appeal No. 1330 of 2004 have been convicted and sentenced for five years rigorous imprisonment with fine of Rs. 5000/- each for offence under Section 307 read with 34 I.P.C.

2. Since both the above said criminal appeals have been preferred against the aforesaid judgment and order, both appeals have been heard jointly and are being decided by common judgment.

3. The prosecution case, in brief, is that Shakir Ali (PW-1), son of Shakkar Ali (PW-2), was resident of Village-Chandpur, P.S. Pachdevra, District-Hardoi. The appellants-Nabi Sher and Nabi Hasan son of Sitaram were also resident of same village, but before two years of the occurrence, they had migrated to Village-Angwa, P.S. Sahabad, District-Hardoi. The appellant-Shakir Ali is brother-in-l