P.N.Yadav, J.

1. Intense fondness, allurement and infatuation for land among the people of the State particularly those belonging to peasantry class has been taking heavy toll of human lives for quite sometime. Innumerable persons lost their lives owing to land dispute and litigations arising thereafter between the deceased and their marauders. The murder of 20 year youth Upendra Singh giving rise to the instant case is one in the series of murder committed over trifling matter emanating from land dispute between the parties.

2. Shorn of unnecessary details factual matrix of the case is : There is a piece of land infront of the cattle-shed of the de-ceased-Upendra Singh. His cattle were fed over the land in question. There was dispute between the parties, over the land and title suit with respect to the same was pending. In the morning at about 9-10 a.m. on 23-12-1987, the deceased was sweeping and cleaning the said land. Just then the accused Rajeshwar Singh alias Kamta Singh happened to reach there and he protested against the act of the deceased saying that the land belonged to him. The deceased did not pay heed to the protest and he continued cleaning the land. There en