JUDGMENT

R.C. Lahoti, J.—Ram Naik, Lalta and Kanta, the three accused-respondents who are real brothers were convicted under Section 302/34 IPC and sentenced to imprisonment for life by the Second Additional Sessions Judge, Jaunpur by judgment dated 17.2.1979. A Division Bench of the Allahabad High Court, by its judgment dated 3.5.1991, allowed the appeal preferred by the accused-respondents and acquitted them of the charges. Surendra Pratap Chauhan, son of the deceased, has preferred this appeal by special leave under Article 136 of the Constitution laying challenge to the acquittal recorded by the High Court.

2. The deceased Komal Ram, his father Ram Bharose – who is also an eye-witness to the incident and who lodged the FIR also, Zhamman (P.W.2) and Baijnath (P.W.5) – the two eye-witnesses and the three accused-respondent are all residents of village Saravni Purbi Patti, P.S. Kerakal. There was a civil litigation relating to a land dispute going on since 1966 between Ram Bharose (P.W.1) – the father of the deceased Komal Ram and the accused Ram Naik, wherein Ram Bharose had succeeded in the Trial Court. Ram Naik had preferred an appeal in the year 1976 which was to come up