JUDGMENT :

Jyotsna Sharma, J.

1. Heard Sri Moti Chand Yadav, learned counsel for the appellant no. 2, who is the only surviving appellant and Sri O.P. Dwivedi, learned AGA for the State and perused the material on record.

2. The appellants-Durga Prasad and Bhawani Prasad have preferred this criminal appeal, challenging the judgment and order dated 12.09.1989 passed by Additional Session Judge, Sultanpur in Session Trial No. 74 of 1985 whereby the appellants were convicted under section 302 read with 34 IPC and sentenced to undergo rigorous imprisonment for life.

3. The facts relevant for the purpose of this case are as under:-

The first informant-Jagdish Prasad Sharma submitted a written report before the police station concerned stating therein that at about 3 in the afternoon of 29.06.1981, his father was clearing a drain. The accused persons Durga Prasad and Bhawani Prasad came using foul words. When his father protested, he was attacked with pieces of bricks. The incident was witnessed by the first informant-Jagdish Prasad and witnesses Ram Kalp, Devkali, Gayabaksh Singh. They rescued him, otherwise they would have killed his father. This information was given to the police station