JUDGMENT

J.M. Panchal, J.—

This appeal, by special leave, is directed against judgment dated July 11, 2005, rendered by the High Court of Judicature at Allahabad in Criminal Appeal No. 2402 of 1985 by which the conviction of the appellant recorded under Section 302 IPC and imposition of sentence of life imprisonment on him by learned V Additional Sessions Judge, Moradabad in ST No. 622 of 1983, is confirmed

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

Deceased Ram Kumar Singh was resident of village Dudaila, District Muradabad. Some six months prior to the incident in question, some dispute had taken place between Ram Kumar Singh who lost his life in the incident and Kallu Singh, i.e. original accused No.3 over the question of digging and lifting of the earth from the land of accused No.3 for the purpose of raising of level of a village pathway which was decided to be constructed by village people at a Shramdan Yojna held in the village. Ever since the said dispute, the parties were not on the talking terms with each other. On May 30, 1983 at about 2.00 pm, some quarrel had taken place between the grandsons of original accused No. 3, i.e., Kallu Singh and child