Adarsh Kumar Goel, J. This appeal has been preferred by the appellants against their conviction under Sections 302/34 IPC, for which, they stand sentenced to undergo life imprisonment and to pay fine of Rs.5,000/- each and in default, to undergo further rigorous imprisonment for three months. 75% of the amount has been directed to be paid to the legal heirs of the deceased, Jai Bhagwan, as compensation.

2. Case of the prosecution is that buffalo of Mange Ram was stolen by Jaibir son of Ram Kumar and Ajeet (acquitted co-accused) 4-5 days prior to the occurrence. They were arrested, but granted bail. Jaipal (PW-8) brother of deceased Jai Bhagwan was the neighbour of Ajeet.

3. On 28.9.1995, Bijender @ Ballu (acquitted co-accused) came to the house of the deceased, Jai Bhagwan to smoke Huka, but the deceased told him that since Ballu was involved in illegal activities, he should not come to his house. Bijender felt offended and threatened Jai Bhagwan with dire consequences. On 29.9.1995 at 6.30 A.M., Jai Bhagwan, deceased, and his wife Munni Devi (PW-9) were going towards their Gher to look after their cattle. At Chowk Shamlat, near the house of Hazari, Satte accused (appella