JUDGMENT

Punchhi, J.-This appeal under Section 329 of the Code of Criminal Procedure has been preferred by Harish Kumar, Advocate and his brother, Ram Sharan, as of right, as they stand convicted for charges of murder and attempt to murder by the High Court of Madhya Pradesh vide order dated 25.8.1986, setting aside the orders of the Court of Session, whereunder the aforesaid two appellants and three others were acquitted of all the charges. Now the acquittal of those three others stands maintained whereas the two appellants have been convicted and sentenced as under :

(i) Harish Kumar under Section 302 IPC and Ram Sharan under Section 302/34 IPC for the murder of Virendra Kumar. Both sentence to life imprisonment.

(ii) Both convicted under Section 307/34 IPC for individually attempting to commit murder of Chakodi, PW 5 and sentenced to five years Rigorous Imprisonment.

2. Both sentence to run concurrently.

3. The parties involved are residents of village Madhogarh in the State of Madhya Pradesh. Both the courts below have found that parties have formed factions, one represented by the complainant s side and the other by the accused. It is the case of