JUDGMENT :

VIRENDRA KUMAR SRIVASTAVA, J.

1. This appeal under Section 374 (2) Code of Criminal Procedure, 1973 (hereinafter referred to as Code) has been preferred against the judgment and order dated 20.01.2020, passed by VIth Additional Sessions Judge, Lakhimpur Kheri, in Sessions Trial No. 207/1992 arising out of Case Crime No. 71/90, Police Station-Phardhan, District-Kheri, whereby the appellants-Kamlesh Kumar and Chotey Lal (hereinafter referred to as appellants) have been convicted and sentenced for the offence under Section 304 (2) read with 34 I.P.C. for four years rigorous imprisonment each.

2. The prosecution case, in brief, is that the appellant-Kamlesh Kumar is son of the appellant-Chotey Lal, resident of Village-Rousa, P.S. Fardhan, District-Lakhimpur Kheri. The deceased-Ram Avtar was neighbour to the appellants. There was enmity between the deceased-Ram Avtar and the appellants due to land dispute. On 22.05.1990 at about 2:00 p.m. Ram Kishore (PW-2), brother of the informant, Ram Kishan (PW-1) and Rajesh Kumar, son of Ram Avtar (deceased) had gone to take water from hand pump. At the time of occurrence, Ram Kishore (PW-2) was operating the hand pump and Rajesh Kumar was