JUDGMENT :

SURYA PRAKASH KESARWANI, J.

1. Heard Sri K.P. Pathak, learned A.G.A. for the appellants and Sri Suresh Dhar Dwivedi Vidya Kant, learned counsel for the accused-opposite parties.

2. Briefly stated, facts of the present case are that a First Information Report being Case Crime No. 14/1983 dated 11.02.1983 under Section 302/324 I.P.C., P.S. S.M. North, Sub-District Puwaya, District Sahajahanpur, was lodged by the informant eyewitness PW-1 Avtar Singh, who is the son of the deceased Kundan Singh. As per FIR version, there arose a dispute of return of buffaloes purchased by the deceased from the accused Hardayal Singh and simple scuffle took place about three or four months before the date of incident, i.e. 11.02.1983. This resulted in enmity. When the deceased Kundan Singh along with the informant were cutting barseem in their agricultural field, the accused Hardayal Singh came at the place with sooja and started abusing and thereafter called his brothers - the accused Tirlok Singh, Balvinder Singh and also his relative Bhura. Tirlok Singh and Balwinder Singh were having swords and Bhura was having “Kanta.” They all started beating the deceased Kundan Singh and when the informa