G.M.LODHA, J. - (1.) SABIR has filed this appeal against his conviction under Section 302 IPC and 307 IPC for causing death of his brother Ismile and causing another gun shot injury, with the intention to cause death of Hanif, his third brother. The conviction has been recorded by the Additional Sessions Judge, Pratabgarh, who conducted the trial.
(2.) ACCORDING to the prosecution, there were four brothers Sabir, Ismile Hanif and Mohammed Ali. The eldest was Ismile, who used to live separately from the other three brothers. Sabir, Hanif and Mohammed Ali used to live together. About 7 -8 months prior to the date of the occurrence, there was dispute bet wean these 3 brothers in respect of the partition of the agricultural land. This dispute led to separation of Sabir. On 24th May, 1978 at about 7 A.M., Mohammed Ali (P W. 2) was taking his four bullocks and one calf from his house to the well. He tied at the well. At that very time, Sabir came there. He had a gun and a pharsa with him. He untied the bullocks and the calf and started taking them inspite of Mohammed Ali's request not to do so.
(3.) WHEN Mohammed Ali wanted to prevent him from doing so, he took up the position with pharsa, which led to running of Mohammed Ali from the spot. Mohammed Ali then came to his brother Hanif and told him the story and he also narrated it to another brother Ismile.;