U. S. TRIPATHI, J.

( 1 ) THIS appeal has been preferred against the judgment and order dated 25-7-1981 passed by Sessions judge. Badau in Session Trial No. 64 of 1980, convicting the appellants Bhikam singh, Rajendra Singh, Ram Swarup and chandra Pal under Section 302 read with section 34, IPC and sentencing each of them undergo imprisonment for life.

( 2 ) THE prosecution story briefly stated was as under prem Shankar deceased 145) was younger brother of appellant Ram Swarup. Appellant chandra Pal is son of appellant Ram swarup. Appellant Bhikam Singh and his son Rajendra Singh were friends of appellant Ram Swarup. Pitambar was real brother of Lekhraj, the father of appellant Ram swarup and Prem Shankar deceased pitambar was having no issue and was residing with Prem Shankar deceased and his sons. It is alleged that Pitambar had given his all properties to three sons of Prem shankar deceased, namely. Munna Babu (P. W. 1), Ram Babu and Udaivir. After death of Pitambar Ram Swarup appellant was claiming !/2 share in his properties, which were in possession of Prem Shankar deceased and his sons. A litigation was going on between appellant Ram Swarup and Prem shankar deceased regarding

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