JUDGMENT :

Ramesh Sinha, J. for the Bench)

1. The above two Criminal Appeals have been preferred against the judgment and order dated 24.04.2006 passed by Additional Sessions Judge, Court no.10, Barabanki, in Sessions Trial no.86 of 2002, arising out of Case Crime no.198 of 2000, police station Ram Sanehi Ghat, District Barabanki, whereby the appellants have been convicted for offence under Section 302/34 I.P.C. and sentenced for life imprisonment with a fine of Rs.4,000/-and in default of payment of fine to further undergo four months of rigorous imprisonment, convicted for offence under Section 323/34 I.P.C. and sentenced for one month of simple imprisonment with a fine of Rs.500/-and in default of payment of fine to further undergo fifteen days of simple imprisonment and convicted for offence under Section 506 I.P.C. and sentenced for one month of simple imprisonment with a fine of Rs.500/-and in default of payment of fine to further undergo fifteen days of additional simple imprisonment and all the above mentioned sentences are to run concurrently.

2. Aggrieved by his convictions and sentences, Om Prakash Yadav preferred before this Court Criminal Appeal No.854 of 2006, whereas Uday Raj Yadav preferred Criminal Appeal No.962 of 2006.

3. As the above mentioned two criminal appeals have been preferred against the same judgment and order for the same offence, hence, with the consent of both the parties, the same are hereby heard and decided together by this common judgment.

4. The prosecution case as set out in the First Information Report, which has been lodged by the informant Bal Govind Yadav (PW1) at the police station Ram Sanehi Ghat on 31.10.2000 at 9.30 am., is that on 30.10.2000 the brother of the informant, namely, Dashrath Lal (PW2), and his son Ambresh Kumar (deceased) had gone to guard his boring and were sleeping under the roof (chhappar) where a lantern was burning and around 11.45 p.m. the brother of the informant Dashrath Lal (PW2) came running from the boring towards the village raising alarm. After hearing his brother’s scream the informant and one Awadh Ram (PW4), who were lying in the barn (khalihan), rushed towards the boring with a torch. In the torchlight he saw his brother Dashrath Lal (PW2) getting chased by Om Prakash Yadav, who was armed with a knife and Uday Raj Yadav, who was armed with lathi. Both of them were of his village. Seeing this, he and others raised alarm on which the appellants escaped towards the western direction of the farm threatening informant and Awadh Ram (PW4) of their lives. The brother of the appellant Dashrath Lal (PW2) told the informant that Om Prakash Yadav has stabbed his son Ambresh Kumar by inflicting him with knife in his abdomen and he is lying in an injured condition at the boring. Dashrath Lal (PW2) also told the informant that the accused appellants were saying to Ambresh Kumar that he was warned several times by them but he did not break his ties with Radhika due to which he has been put in such a condition. The informant then went to the boring along with his brother Dashrath Lal (PW2) and Awadh Ram (PW4) and saw his son lying in an injured condition and on being asked he was informed by Dashrath Lal (PW2) that at 11.45 p.m. in the night by the time he woke up, he saw Om Prakash Yadav had assaulted Ambresh Kumar with knife and Uday Raj Yadav had pressed Dashrath Lal (PW2) with lathi. The informant brought his son to his house and was about to take him to the hospital but Ambresh Kumar succumbed to his injuries.

5. The inquest proceedings were conducted. The inquest of the dead body of the deceased Ambresh Kumar was conducted by Sub Inspector Sobhnath Mishra (PW7) who thereafter sealed the dead body and handed it over to the Police Constable for being sent to postmortem. After due investigation the Investigating Officer submitted charge sheet against the appellants under Sections 302, 323, 506 I.P.C. before the competent Court. The learned Magistrate committed the case