Judgment :-

J.M. Panchal, J.

This appeal, by special leave, is directed against judgment dated February 17, 2000, rendered by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No. 2541 of 1980, by which judgment dated October 25, 1980, passed by the learned IV Additional Sessions Judge, Meerut in Sessions Trial No. 253 of 1980 convicting the respondents under Section 302 read with Section 34 IPC and sentencing each of them to life imprisonment, has been set aside.

2. The facts emerging from the record of the case are as under:

Deceased Ishwar Singh belonged to village Khalidpur, P.S. Mawana. The two respondents are real brothers and they also belong to the same village. The incident in question took place on March 22, 1980. In the morning of the date of incident, Ishwar Singh was returning home at about 6.15 A.M., after easing himself in the fields situated on the east of the Rajbaha (canal drainage), which runs from north to south and which is located at a distance of about 200 yards from the Abadi of village Khalidpur. For going to home he was required to cross the Rajbaha which was then dry. When he was climbing up western patri of Rajbaha through