Judgment :-

Aftab Alam, J.

1. This appeal is directed against the judgment and order dated October 6, 2006 passed by the Allahabad High Court in Government Appeal No.1890/1991 and Criminal Revision No.1140/1991. The High Court, setting aside the judgment of acquittal passed by the trial court, convicted the appellant under Section 302 of the Penal Code for committing the murder of one Raj Kumari and sentenced him to undergo rigorous imprisonment for life.

2. The appellant along with his father Yamuna Chaubey and brother Ram Vyas Chaubey was tried on charges under sections 302/307/34 of the Penal Code. According to the prosecution case, the three accused, Yamuna Chaubey and his two sons and the members of the prosecution party were agnates with a history of litigation behind them. There were disputes between the two sides over the sehans (open courtyard) between their houses. Earlier, the informant Shiv Dutt Chaubey, had filed a suit and obtained an ex parte decree against Yamuna Chaubey who had filed a petition for setting aside the ex parte decree. Yamuna Chaubey in his turn had filed another suit claiming that Shiv Dutt Chaubey was living in his house as a licensee and was refusing