Judgment

KHANNA, J.:- Barati (26) was tried in the court of Sessions Judge Sitapur for an offence under S.302 Indian Penal Code for causing the death of Lekhai (45), Prabhu (24) and Ram Lal (24) were also tried along with Barati for offence under S.302 read with Section 109 Indian Penal Code for having abetted the commission of the offence of murder Learned Sessions Judge acquitted all the three accused. On appeal filed by the State the Allahabad High Court convicted Barati under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. The appeal against Prabhu and Ram Lal was dismissed. Barati then came up in appeal by this Court by special leave.

2. The prosecution case is that the relations between Lekhai deceased and his younger brother Pancham (PW 3) on the one side and Barati accused on the other were strained. All three of them belong to village Nasirapur in district Sitapur Dispute had been going on between them regarding the construction of a wall. About a couple of months before the present occurrence. Barati effected an opening in the western wall of his house wich gave rise to an apprehension that he intended to encroach upon the land belonging to