JUDGMENT

Arijit Pasayat, J.-The appellants were convicted for offences punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 (in short the IPC ) and sentenced to undergo life imprisonment by the Trial Court. They did not get any relief from the Allahabad High Court which by the impugned judgment upheld the conviction and sentence.

2. The prosecution version as unfolded during trial is as follows:

After death of Durga Singh, each of his three sons became owner of about 30 bighas of land. One of them, Khetrapal (hereinafter referred to as the deceased ) was issueless. Earlier Khetrapal used to reside with accused Janak Singh and the latter used to cultivate the land which fell to share of Khetrapal also. But about a year or 1-1/2 years prior to the incident in question. Khetrapal started living with Bhuri Singh (PW-1). The land of Khetrapal Singh, which was earlier being cultivated by Janak Singh came into the possession of Bhuri Singh. This was to the disliking of accused Janak Singh. Khetrapal wanted to execute a will in favour of Bhuri Singh. On the date of incident, i.e. 16.10.1979 at about 10 a.m., Khetrapal along with Bhuri Singh (PW-1) and Surjeet Sing