JUDGMENT

NATARAJAN, J. :— Respondents Chet Ram, Buddhi and Puttu, sons of Girdhari were convicted by the Sessions Judge of Shahjahanpur under Ss. 394 and 302 read with S. 34, I.P.C. and sentenced to 4 years RA. and life imprisonment respectively but the High Court allowed the appeal preferred by them and set aside their convictions and sentences and hence this appeal by special leave by the State of Uttar Pradesh.

2. Deceased Kishori was the widow of Ram Bharose, a step brother of the respondents father Girdhari. The land belonging to Girdhari and Ram Bharose were originally under joint cultivation but after consolidation proceedings were taken by Kishori, the land was demarcated and separate chaks were prepared. Kishori insisted upon and was doing separate cultivation of her land and this was resented by the respondents. Kishori was cultivating the land separately with the help of PW 3 Maiku on "Batai" basis. The respondents had cast covetous eyes on the land of Kishori since she did not have any issues of her own. Irked by Kishoris refusal to allow them to cultivate the land, the respondents are alleged to have done her to death on the night of 12/13 May. 1970.

3. Kishori and the r