1The present appeal has been filed against the judgment and order dated 29-4-1981 passed by Xth Addl. Sessions Judge, Kanpur in S. T. No. 291 of 1979 whereby the appellants were convicted under S.302, I.P.C. and sentenced them to undergo imprisonment for life and appellant Laxmi Narain was further convicted under S.436, I.P.C. and sentenced to five years rigorous imprisonment along with one Himma who was convicted under S.302/34, I.P.C. His appeal is abated since he was reported to be dead.

2. The brief facts of the case mentioned in the first information report lodged by Dwarka r/o Dullapurwa Magra Gadan - purwa, P. S. Bilhore, District Kanpur to the effect that his fields are adjoining to his house. There were Jundhari and Arhar crops in the fields. Accused Radhey, Laxmi Narain and Himma always got his field grazed. On the date of occurrence they had again left their cattle to graze