JUDGMENT :

1. Heard Sri Sheikh Wali-Uz Zaman, learned counsel for the appellants and Sri Ajay Kumar Srivastava, learned AGA for the State.

2. This criminal appeal has been filed by the appellants-Om Prakash @ Prakash and Naresh @ Ram Naresh challenging the order of conviction and sentence dated 08.02.2000 passed by the VIIth Additional Sessions Judge, Hardoi in ST No. 652 of 1995 whereby the appellant has been convicted under section 306 IPC and sentenced to undergo imprisonment of 5 years.

3. A number of legal and factual points have been raised by the appellants which shall be dealt with at appropriate stages in the body of the judgment.

4. Relevant facts in nutshell are as below:-

(i) The first informant Asharfi Lal gave a type written report before the police station concerned with the allegations that his real sister-Ramladaiti was married to Prakash about 7 years ago; she had two daughters from this marriage alliance; the members of her family used to harass her because she was not good looking; the accused persons used to threaten first informant's sister saying that her husband Prakash shall perform second marriage; his sister had disclosed all the facts to the first informant a