JUDGMENT

Dr. Arijit Pasayat, J. —

1. In this appeal challenge is to the judgment of a Division Bench of the Uttarakhand High Court upholding the conviction of the appellant as recorded by learned First Additional Sessions Judge, Nainital under Section 302 of Indian Penal Code, 1860 (in short the ‘IPC’). The allegation was that accused committed murder of Ajeet Singh (hereinafter referred to as ‘D-1’) and Bajan Singh (hereafter referred to as ‘D-2’) and attempted to commit murder of Roop Singh for which he was convicted under Section 307 IPC and sentenced to 10 years RI.

2. Prosecution version in a nutshell is as follows:

On 01.01.1983, at about 5:00 P.M., D-1 along with Roop Singh (P.W. 2) (injured) and Harbhajan Singh (P.W.1) informant, were going in a tractor to take flour from wheat flour mill of one Ram Prasad in village Paigakhas, situated within the limits of P.S. Kashipur (earlier part of District Nainital. At about 5:15 p.m., when they reached and got down in village Paigakhas, accused/appellant Balkar Singh met them and asked D-1 to have some wine with him, as it was a chilly day. On this, D-1 curtly replied that he would not have wine, bought with the money of the accused