JUDGMENT :

Rastogi, J.

1. The appellants are assailing their conviction under Section 302 read with section 34 IPC and sentenced to undergo imprisonment for life passed by the learned trial Court and confirmed by the High Court under the impugned judgment.

2. On dismissal of appeal upholding conviction under Section 302 read with Section 34 IPC, accused nos. 1 and 2 have not challenged their conviction and sentence and accused nos. 3 and 4 (present appellants) have approached this Court assailing the said judgment and conviction under Section 302 read with Section 34 IPC.

3. The brief facts necessary for disposal of the appeal are as follows:

According to the case of the prosecution, accused no.1 Iftekharhussain Sabdarhussain was having a long pending civil dispute about his flat with the deceased Mohammad Shakil situated near to the scene of occurrence. On 18th August, 1997 at about 11.00 a.m., Mohammad Shakil (deceased) had operated electric motor for supply of water in the common overhead tank situated on top of the building but at that time since water taps were kept open by accused no. 1 Iftekharhussain Sabdarhussain in his house, the water could not reach to the tank. The request