Judgment

VARADARAJAN, J. :- These criminal appeals by special leave are by Manzoor alias Babu and Suleman against the common judgment of Division Bench of the Allahabad High Court in Criminal Appeals Nos. 1288 of 1979 and 1290 of 1979, confirming the conviction of Manzoor under S. 302 read with S. 34, I. P. C. and of Suleman under Sec. 302, I. P. C. and the sentence of imprisonment for life awarded to them by the learned Sessions Judge, Saharanpur in S. T. No. 414 of 1979 for the murder of one Gul Bahar at about midnight in the night of 22/23-9-1978.

2. The case of the prosecution was this : The appellants Manzoor and Suleman and the deceased Gul Bahar and Yasin (P. W. 3) and Zinda Hasan (P. W. 4) are residents of Ambehta. The appellants are cousins being sons of two sisters. The deceased Gul Bahars maternal uncles daughter is married to the appellant Suleman. Yasin (P. W. 3) is the maternal uncle of Suleman. There was an exchange of hot words between the appellant Manzoor and deceased Gul Bahar as a consequence of the latter being seen in, a house with the sister of the former, and Sulemans brother Noora also threatened the deceased in that connection. Suleman and Noora were arreste