JUDGEMENT

R.M. Lodha, J.—

The judgment of acquittal passed by the IVth Additional Sessions Judge, Farrukhabad on December 20, 2000 in Session Trial Nos. 48/91 and 49/91 came to be overturned by the Division Bench of High Court of Judicature at Allahabad vide its judgment and order dated May 27, 2005. High Court found both accused guilty of the offence punishable under Section 302 read with 34 I.P.C. and sentenced them to life imprisonment. Accused Mahtab Singh was found guilty of an offence under Section 4/25 Arms Act, 1959 as well and sentenced to six months rigorous imprisonment on this count. Aggrieved, the accused are in appeal by special leave.

2. Briefly put, the prosecution case is : Ganga Singh (deceased) and his brother Vinod (PW 1) owned a small Flour Mill at village Kampil. On September 28, 1990 at 9.00P.M., while returning from the betel shop of Rajveer after purchasing bidi, a few steps away, at Tiraha (junction of three roads), Mahtab Singh (A-1) and Jaipal (A-2) - father and son - met him. Ganga Singh demanded money due from Mahtab Singh. Mahtab Singh, however, rebuked him. Ganga Singh asked Mahtab Singh as to why he was rebuking when money was due and payable by him