JUDGMENT :

1. As per order of this Court dated 1.11.2018, the appeal in respect of appellant no. 4 Bhoop Ram son Ganga Ram is abated.

2. Sri Javed Habib, learned Advocate is pressing this appeal on behalf of surviving appellant no. 1 Faqirey, appellant no. 2 Hori and appellant no. 3 Makhan.

3. This criminal appeal has been filed against the judgment and order dated 22.4.1983 passed by Addl. Sessions Judge, Pilibhit in S.T. No. 19 of 1983 (State vs. Faqirey and others), under Section 307 I.P.C., P.S. Sarkhera, districtPilibhit, whereby learned Judge convicted and sentenced the appellants to 4 years rigorous imprisonment under Section 307 read with 34 I.P.C.

4. The prosecution story in brief is that there was dispute between the accused-appellants Bhoop Singh, Fakrey, Hori and Ram Gulam, cousin brother of complainant Parmeshwari Dayal regarding 'Mendh'. About 20 to 25 days before the incident dated 11.1.1981 Parmeshwar Dayal had slapped accused Faqirey, following which the accused Faqirey and his other family members become enmical with the complainant. On 11.1.1981 at about 1:00 O'clock in the noon when the complainant was taking bath near the well of his house, the accused Faqirey, Hor