Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the respondents. Two respondents along with two others faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short `IPC). Co-accused persons were acquitted by the trial Court.

2. Prosecution version in a nutshell is as follows:

On 23.9.1979, at about 11 Oclock in the night in village Fattupatti, Police Station Gambheerpur, District Azamgarh, the incident took place. The deceased was one Mool Chand, who is described as deceased hereinafter. The FIR was lodged the following day at 7.10 a.m. by Khelawan (PW.3) at whose house the deceased was allegedly sleeping on the fateful night. The distance of the police station from the place of occurrence was five miles. Deceased resided in the village aforesaid with his mother and other family members. The accused Jautam alias Andhi had property disputes with the deceased. Accused Har Chand was allegedly his associate residing in the same village. Earlier to the incident, deceased had obtained a decree relating to certain disputed property i