( 1 ) THIS appeal has0 been directed against the judgment and order dated 8-9-1981 passed by the then 1st additional Sessions Judge, Barielly in S. T. No. 79 of 1981 convicting the appellant parmanand under Section 302 1. P. C. and appellant Hari Ram under Section 302 read with Section 341. P. C. and sentencing each of them to undergo imprisonment for life.

( 2 ) THE prosecution story, briefly stated, was as under :kundan Lai (50) deceased resident of village Siraura, P. S. Bhojipura, district Bareilly was real brother of Gendan Lai, the father of appellants Parmanand and Hari Ram. Gendan Lai had another son Hardwari. Kundan Lal had no male issue and had only one daughter named Smt. Nanhi, who was married with Ajudhia (P. W. I), resident of village Ashpur, P. S. Hafizganj, district bareilly, Kundan Lai deceased was living separately from his brother Gendan Lal. Kundan Lai owned about 35 Bighas agricultural land, which was jointly recorded in his name and in the name of Gendan Lal, but each of them had got separated their share by mutual agreement. Kundan Lal had given his land on Batai (crop share basis)since Kundan Lal had no male issue the appellants wanted to