JUDGMENT

SHINGHAL, J. :—This appeal by Bhagwati, Shital and Ram Avadh, sons of Salaru, is directed against the appellate judgment of the Allahabad High Court dated December 18, 1970 setting aside their acquittal by Civil and Sessions Judge (Gonda Bahraich) of the offence under Section 302 read with Section 34, I.P.C. and sentending them to imprisonment for life for that offence.

2. It was alleged by the prosecution that one Sheo Prasad was the first cousin of Bachchu Lal (P.W. 5). He married Smt. Dharamraji, but had no child. He had some agricultural land in village Nagwa in Gonda district of Uttar Pradesh, but he allowed Bachchu Lal to cultivate it because of his weak health. Sheo Prasad died, and his widow Smt. Dharamraji inherited his fields which however continued to be cultivated by Bachchu Lal, Smt. Dharamraji thereafter went away to Basti as she married Nabbu Lal, who was the brother-in-law of appellant Bhagwati. Thereafter she executed a sale deed (Ex. Ka-29) of the land in favour of Bhagwati on May 11, 1965. A day earlier, Bachchu Lal made an application for mutation of the fields in his name on the basis of his relationship with Sheo Prasad. Bhagwati also made a similar ap