( 1 ) THESE two Criminal Appeals No. 1799 of 1980 and 2022 of 1980 arise out of a common judgment and order dated 14-8-1980 passed by Sri B. B. Singh, v. Additional Sessions Judge, Allahabad, in S. T. No. 326 of 1978. Appellant Dulare Pasi in Criminal Appeal No. 1799 of 1980 was convicted under Sec. 302/109, I. P. C. and appellant Sheo Mohan Pasi in Criminal Appeal No. 2022 of 1980 was convicted under Sec. 302, I. P. C. Both of them were sentenced to life imprisonment.

( 2 ) THE case of the prosecution, in short, is that a civil suit was pending between the parties over the demolition of unauthorised construction raised over the impugned land. Both the parties were asserting their possession. That suit was decreed against the appellants. The decree was also got satisfied by demolition of the unauthorised construction with the help on police on 17-7-1976 by Chhedi Lal and his brother Rameshwar. Serious cracks in the relation between the parties due to the said litigation developed on 2-4-1978 to help the deceased in his thrashing work P. W. 1 Jawahar Lal, a resident of village Osa, with his oxen and P. W. 2 Raja Ram, a relation of the deceased, had come to his hous