JUDGMENT

Prafulla C. Pant, J. — All the above three appeals have arisen out of the same judgment and order dated 16.11.1984, passed in Session Trial No. 16 of 1983 by, the then, learned Sessions Judge, Pithoragarh, whereby appellant Tara Singh and appellant Ramesh Singh have been convicted under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and also under Section 201 of I.P.C., and each one of them has been sentenced to imprisonment for life under Section 302 and four year's rigorous imprisonment under Section 201 of I.P.C. Learned Sessions Judge, by the same judgment and order has acquitted Diwan Singh S/o Nathu Singh and Diwan Singh S/o Mahendra Singh, from the charges framed against them.

2)Prosecution story, in brief, is that appellants Tara Singh, Ramesh Singh, respondents Diwan Singh (S/o Nathu Singh) and Diwan Singh (S/o Mahendra Singh) are resident of the same village Bhatti Gaon (District Pithoragarh) and closely related to each other. Convict-appellant Tara Singh is son of accused Diwan Singh (S/o Nathu Singh), and Convict-appellant Ramesh Singh is son of accused Diwan Singh (S/o Mahendra Singh). The accused persons had enmity with the famil