judgment

C.K. Thakker, J. —

1.The present appeal is filed by the appellant-accused against the order of conviction and sentence recorded by the High Court of Uttaranchal on October 25, 2005 in Government Appeal No. 1006 of 2001. By the said order, the High Court set aside the order of acquittal recorded by Sessions Judge, Chamoli on February 6, 1981 in Sessions Trial No. 15 of 1979, convicted the accused for an offence punishable under Section 302, Indian Penal Code (IPC) and ordered him to undergo imprisonment for life.

2.Shortly stated the prosecution case was that one Pushu had two sons (i) Bhawan Singh and (ii) Bhag Chand. Bhawan Singh had no issue and he died leaving behind him his widow Smt. Rukmani Devi. Bhag Chand also died leaving behind him four sons; (i) Shivraj Singh, (ii) Indra Singh, (iii) Rajpal Singh (deceased) and (iv) Puran Singh (accused). All the four brothers (sons of Bhag Chand) were residing in a jungle at a distance of about two kilometers from village Akhori, Patwari Circle Barab, Tehsil Ukhimath, District Chamoli. There were frequent quarrels between accused Puran Singh on the one hand and other three brothers on the other hand in connection with the property