Arijit Pasayat, J. - (1.) Leave granted.
(2.) Appellant was convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) and was sentenced to undergo imprisonment for life by learned Additional District and Sessions Judge, Bareilly. Such conviction and sentence were confirmed by the impugned judgment of the Allahabad High Court.
(3.) The prosecution version in a nutshell is as follows: Kundan Lal (hereinafter referred to as deceased) was resident of village Siraura in district Bareilly, was real brother of Gendan Lal, the father of the appellant Hari Ram and co-accused Paramanand. Gendan Lal had another son Hardwari. Deceased had no male issue and had only one daughter named Smt. Nanhi, who was married to Ajudhia (P.W.1). Deceased owned about 34 Bighas agricultural land, which was jointly recorded in his name and in the name of Gendan Lal, but each of them had got separated their share by mutual agreement. Deceased had given his land on crop share basis. Since deceased had no male issue, the appellant and co-accused Parmanand wanted to take his land and had also threatened him that in case he did not transfer his land in their favour, they would kill him. On 1.4.1980 at about 12.30 P.M. Parmanand again threatened deceased to transfer his land in his favour otherwise he would kill him. Deceased had lodged report of the said incident at Police Station-Bhojipura. ;