JUDGMENT

Pankaj Mithal, J.

1. Heard Mr. Prafulla Kumar Behera, learned advocate appearing for the appellant and Mr. Jatinder Kumar Bhatia, learned Advocate-on- Record appearing for the respondent.

2. The two accused appellants, father and son, have preferred this Criminal Appeal against their conviction for an offence under Section 302 of the Indian Penal Code, 1860 (in short “IPC”) whereby and whereunder, they have been sentenced to undergo life imprisonment and fine of Rs.20,000/- each. In default of payment of fine, they have been ordered to undergo further six months of rigorous imprisonment.

3. The incident is of 4th August, 1995 which allegedly took place at 09:00 AM within the jurisdiction of Police Station Mangalore. It is said that deceased Altaf Hussain, the father of the informant Salim Ahmad (PW-1), had some land dispute with the accused appellants. They as such had a grudge against deceased Altaf Hussain. In connection with the said land dispute, proceedings were pending before the Consolidation Officer. On the fateful day, deceased Altaf Hussain was going to Roorkee for attending the said proceedings, he was on his bicycle and his son – the informant (PW-1) and his nephew