U.S.TRIPATHI,J. - (1.) The above two appeals have been preferred against the judgment and order dated 5-11-1981 passed by IIIrd Additional Sessions Judge, Fatehpur in Sessions Trial No. 312 of 1980 convicting the appellants u/s 302 read with Section 34 IPC and sentencing them to undergo imprisonment for life.
(2.) The prosecution story, briefly stated, was as under :-- Appellants Shiv Bali and Bhola are real brothers and sons of Baijnath. Appellants Ram Mani and Maheshwari are also real brothers and sons of Ram Gopal. Baijnath, father of appellants Shiv Bali and Bhola and Ram Gopal, father of appellants Ram Mani and Maheshwari were real brothers. All the appellants and Satya Narain (P.W. 1) and his brother Deo Narain deceased were residents of village Datauli, P.S. Lilauli, district Fatehpur. Satyanarain (P.W.1) and Deo Narain deceased were residing at their Dera in village Burdawa to look after their cultivation.
(3.) One Shambhu was cousin brother of the appellants. Shambhu had died leaving his widow Smt. Maharania, who was residing at village Aunsar, district Banda. Smt. Maharania had agricultural land in villages Garhi and Satkara. The appellants were cultivating the plots of Smt. Maharania. Satyanarain (P.W.1) and his five brothers including Deo Narain deceased purchased agricultural land of Smt. Maharania prior to 4-5 months of the occurrence of this case. Satya Narain (P.W. 1) and others applied for mutation of their name over the plots of Smt. Maharania. Sheo Bali and Bhole on behalf of his son and Maiyadin brother of Ram Mani and Maheshwari appellants filed objection in the said mutation proceeding. On account of it, the appellants were having enmity with Satyanarain (P.W.1) and Dev Narain deceased.;