JUDGMENT

Arijit Pasayat, J.-The appellants were found guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) by the Allahabad High Court, upsetting the judgment of acquittal passed by the Sessions Judge, Rampur.

2. Prosecution version as presented during trial is essentially as follows:

On 28.1.1975 at about 2.00 p.m. Harnam Singh (hereinafter referred to as the deceased ) was murdered in broad day light in the heart of Bilaspur town of district Rampur. An Information was lodged by Natha Singh (PW-1) to the effect that he and his brother (the deceased) were in inimical terms with family members of accused-Surinder Singh and Gurmez Singh. The dispute initially related to a way through the fields of the deceased, made by Gurmez Singh and his brother Gurmukh Singh (father of accused Surinder Singh). The strained relationship was so acute that the police had to take action twice under Section 107/117 of the Code of Criminal Procedure, 1973 (for short the Code ). There was however compromise later on. One Hardeo Singh was murdered. He was related to Doolah, the elder brother of accused-Surinder Singh. Report of that murder