Judgment

R. Banumathi, J.

Leave granted in both the special leave petitions.

2. These criminal appeals have been filed assailing the impugned judgment dated 30.08.2012 passed by the High Court of Judicature at Allahabad dismissing the criminal appeals No.2188/2007 and 2561/2007 upholding the conviction of the appellant Narendra for offences under Sections 302, 307 read with Section 34 IPC and Section 452 IPC and also the sentence of life imprisonment, ten years imprisonment with fine of Rs.5,000/-and three years imprisonment with fine of Rs.1,000/- respectively. The High Court also confirmed the conviction of the appellant Sanjay under Section 302 read with Section 34 IPC, Section 307 read with Section 34 IPC and Section 452 IPC and sentence of life imprisonment, ten years imprisonment with a fine of Rs.5,000/- and three years imprisonment with a fine of Rs.1,000/- respectively.

3. Case of the prosecution is that appellant-Sanjay is the brother of deceased Roop Singh. According to PW-2 Sheela wife of Roop Singh, after selling his land to Narendra, Sanjay was insisting his brother Roop Singh to sell his land to Narendra for which Roop Singh refused, due to which appellant-Sanjay is said