JUDGMENT :

1. The present appeal has been filed by appellant Daya Ram and others under Section 374(2) of Cr.P.C. against the judgement and order dated 5.2.2002 passed by the Special/Additional District and Sessions Judge (E.C. Act) Hardoi in Sessions Trial No. 790 of 1997 (State Vs. Daya Ram and others) arising out of Case Crime No. 176 of 1994 under Sections 307/34 and 323/34 IPC, P.S. Pihani, District Hardoi by which the trial court has acquitted the accused persons Dayaram, Raju and Suresh from the charges of offence under Section 323/34 of IPC but convicted and sentenced them to undergo ten years Rigorous Imprisonment each for the offence under Sections 307/34 IPC.

2. Filtering out unnecessary details, the prosecution case in brief is that on 7.8.1994 the informant, Ramautar had ploughed the field of Dayaram on rent and his payment of labour charge was due. On 9.8.1994 when the informant, Ramautar had gone to Dayaram for the demand of his due labour charge, Dayaram refused to pay the same, consequently, an altercation took place between them. On the same date, i.e. on 9.8.1994 when informant Ramautar along with his brother Parsuram was grazing his animals on field, at about 3:30