JUDGMENT

R.M. Lodha, J.—

These two appeals by special leave arise out of one and the same judgment rendered by the High Court of Judicature at Allahabad whereby the criminal appeal preferred by the present appellants came to be dismissed.

2. Seven persons were sent up for trial to the 1st Additional Sessions Judge, Bahraich under Sections 147 and 302 read with 149 IPC. The trial court convicted all of them under Section 302 read with 149 IPC and sentenced them to life imprisonment. The trial court also convicted the accused for the offence punishable under Section 147 IPC and sentenced them to suffer nine months rigorous imprisonment.

3. The prosecution version is as follows:

Gheesey, Chhotey and Tojey are brothers. They resided in village Bahbolia, Police Station Sonwa, district Bahraich. The three brothers acquired about 15 bighas of agricultural land from one Smt. Prana. They have divided the aforesaid land in share of 5 bigha each and came into possession of their respective share. Sattar Khan (since deceased and hereinafter referred to as ‘D-1’) and Sabir Khan (since deceased and hereinafter referred to as ‘D-2’) claimed to have purchased from Gheesey his share in the agricult