JUDGMENT :

1. Heard Shri Anurag Shukla, Advocate holding brief of Shri Kunwar Bhadur Dixit, learned counsel for the appellant, Shri V.K. Singh Parmar, learned AGA for the State and perused the record.

2. Appeal with respect to appellant no. 3 has already been dismissed as abated vide order dated 13.11.2018.

3. This appeal has been field by the appellants Kehari and Hori Lal against the judgement and order dated 29.03.1984 passed by VI Additional Sessions Judge, Mainpuri, whereby the appellants have been convicted under section 307 read with 34 I.P.C. and have been sentenced to undergo 3 years rigorous imprisonment.

4. The prosecution story in brief is that on 05th December, 1980 at around 3 p.m., informant and his real brother Ramesh alongwith Mohan Lal resident of village Baroli, Kanuji Singh resident of Hamlet Baley Khet and Layik Singh of the village went towards the field at Nagla Swamy for cutting the mustard crop. A litigation between Mohan Lal and accused persons Badan and Hori Lal was pending with regard to the mustard field. On the field, accused Hori Lal, Kehari and Tulsi Ram were present, who were armed with the illegal weapon, they exhorted Mohan Lal, who was with the infor