JUDGMENT

Arijit Pasayat, J.-These two appeals are interlinked having their foundation on a judgment of the Allahabad High Court. Appellant Sachchey Lal Tiwari (in Criminal Appeal No. 270 of 2001) and Bachchey Lal Tiwari (respondent No. 1 in Criminal appeal No. 271 of 2001 filed by the State of Uttar Pradesh) faced trial for alleged commission of offences punishable under Section 302 and Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ). Both were found guilty and accordingly convicted while death sentence was imposed on the former, life sentence was imposed on the latter. Reference was made to the High Court for confirmation of the death sentence and appeals were filed by the accused persons. By the impugned judgment High Court altered the sentence to life sentence for the former and directed acquittal of the latter.

2. Facts giving rise to the prosecution of the two accused are that the complainant Achhaiber Misra (PW-I) and both the accused are residents of Village Ledupur within the circle of police station Sarnath district Varanasi in Uttar Pradesh. The agricultural fields of the two sides also adjoin each other near the old brick kiln towards e