S. I. Jafri, J. - (1.) BABU Ram, Devi Dayal and Raj Narain appellants have filed this appeal against the order of conviction and sentences recorded by Sri R. P. Jain, Sessions Judge, Etawah by his judgment dated 19-2-1977. BABU Ram appellant was convicted under Section 302 IPC and sentenced to life imprisonment He was further convicted u/Sec.324 IPC read with Section 3 IPC and sentenced to one years' R. I. and also under Section 323 read with Section 34 IPC and sentenced to six months' R. I. Devi Dayal and Raj Narain appellants were convicted under Section 302 read with Section 34 IPC and were sentenced to life imprisonment. They were also convicted under section 324 IPC read with Section 34 IPC and sentenced to undergo one years' R.I. Appellant Devi Dayal was further convicted under Section 323 read with Section 34 IPC and sentenced to serve out six months R. I. whereas appellant Raj Narain was convicted under Section 323 read with Section 34 IPC but he was sentenced to undergo R. I. for nine months.
(2.) ALONGWITH appellants, one Brahmadin was also named as accuse in the First Information Report but he died before the commencement of the trial. Appellants Babu Ram and Devi Dayal are brothers and they are sons of Bansi Dhar, resident of Dhan Wali, Police Station Bidhuna, District Etawah. Appellant Raj Narain is the sister's son of Babu Ram and Devi Dayal. Accused Brahma Din is said to be the Khandani of appellants Babu Ram and Devi Dayal. It is alleged that one Kali Charan was the brother of accused Brahma Din. Kali Charan was issueless. The complainant Ramesh Chand and his brother Sri Kishan were residents of village Nandpur but in the year 1968 the aforesaid Kalicharan and his brother Brahma Din brought Sri Kishan PW 7 in their house and kept him with them and also gave him education etc. They also executed a sale deed of their land and house in favour of Sri Kishan his brother and father and ultimately in the year 1972 Kalicharan adopted Sri Kishan as his son and he also deposited Rs. 2000/- in the post office at Bidhuna and he made Sri Kishan as the nominee of that amount but subsequently Brahma Din was offended with Sri Kishan and his brother Ramesh Chand.
(3.) KALI Charan breathed his last on 27-12-1974 and Sri Kishan had performed all the ceremonies in connection with his death. Brahma Din and Babu Ram appellants wanted that the amount deposited by KALI Charan should be given to Brahma Din and a case was also launched by Sri Kishan for Marpit against Babu Ram and others. Babu Ram also wanted that the case launched for marpit may be compromised but Sri Kishan and his brother were not well disposed for compromise. Sri Kishan and his brother and uncle Mohan Lal kept on residing in the house of Kali Charan in Village Dhanwali;