ORDER :

Manindra Mohan Shrivastava, J.

This appeal is directed against impugned judgment of conviction and order of sentence dated 22.01.2014 passed in Session Trial No. 25/2012 by which the appellants have been held guilty of commission of offences under Section 302 IPC by imposing sentence of life imprisonment and fine of Rs. 5000/-, plus default stipulation.

2. The prosecution case as is reflected from the impugned judgment and records of the case is that deceased Kamath Janghel was the son of appellant/Makhan Lal and brother of Pooran Lal. According to prosecution, Makhan Lal had effected partition of the joint property between his two sons but their existed dispute between Makhan Lal and Pooran Lal on one side and deceased Kamath on the other, ever since partition i.e. about 15 years. They were residing in separate house and were using certain part of land as common convenience. It is also the case of the prosecution that many a times, the brothers had entered into dispute arising on account of use of the 'Gali' (narrow passage) reports were lodged in the police station and cases are also pending. In this background, on 06.05.2012 at about 10 AM in the morning, while the deceased