JUDGMENT :

1. Heard Mr. Azmal Khan, learned counsel for appellant, Mr. Prem Prakash Singh, learned counsel for complainant and Ms. Shikha Sinha, learned A.G.A. for the State and perused the trial court record.

2. This criminal appeal has been preferred by appellants challenging the impugned judgment and order dated 26.06.2001 passed by learned Additional Sessions Judge (Fast Track Court), Pratapgarh in Sessions Trial No. 103 of 1994, arising out of Case Crime No. 22 of 1990, under Sections 307/34 & 323/34 IPC, Police Station Raniganj, District Pratapgarh. By the said judgment, the appellants has been convicted and sentenced for offence under Section 307/34 IPC for ten years rigorous imprisonment and fine of Rs. 10,000/-each. In default of payment of fine, they were to undergo for three months additional imprisonment. For the offence under Section 323/34 IPC for six months rigorous imprisonment. Both the sentences were directed to run concurrently.

3. Brief facts of this case emerges out as under:-

An FIR was lodged by complainant Ismail with the allegation that on 2.2.1990 at 9:00 a.m., dried bush of acacia was lying in the way near his house by which the pathway was obstructed. When t