Sunil Kumar Sinha, J.

1. This appeal is directed against the judgment dated 29th of April, 1997 passed in Sessions Trial No. 62/92 by the Additional Sessions Judge and Special Judge, Bilaspur. By the impugned judgment, appellant No. 1 has been convicted u/S 302 IPC and appellant No. 2 has been convicted u/Ss 302/34 IPC and both have been sentenced to undergo imprisonment for life.

2. The facts, briefly stated, are as under :-

2.1 The accused persons (A-1 to A-3) are real brothers. They were tried for the offences punishable u/Ss 302 & 302/34 IPC. Mohan Thakur (A-3) absconded during the pendency of the trial, therefore, the trial continued against the two appellants (A-1 & A-2) who have been convicted as above.

2.2 There was a land dispute between the accused persons and deceased-Makhanlal. On 1.9.91 at about 1.30 p.m. Makhanlal and his son, Vishnu (PW-5), were taking bath on a well situated in the badi of their house. Ramla Bai (PW-4), daughter-in-law of Makhanlal, was present in the house. The allegations are that the accused persons came there with sword and lathi and assaulted the deceased who sustained multiple serious injuries. Seeing the assault, Vishnu (PW-5) ran away fr