( 1 ) THIS is a criminal appeal against the judgment and order dated 6-8-1980 passed by Sri Ikramul Bari, the then 17th Additional Sessions Judge, Bijnor in Session Trial No. 301 of 1979 State v. Madan Pal and another, whereby he convicted the accused appellant No. 1 Madan Pal of the offence under Section 307, I. P. C. and convicted Mahi Pal accused appellant No. 2 of the offence under Section 307 read with Section 34, I. P. C. and sentenced each one of them to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 500. 00 and in the default of payment of fine to suffer simple imprisonment for a period of six months.

( 2 ) I have heard learned counsel for the parties. I have also gone through the record.

( 3 ) THE prosecution story is that Anoop Singh P. W. 2 and the accused-appellants who are his nephews lived in Village Hempur, P. S. Chandpur, that about an year before the occurrence the accused-appellants had stolen cash and a watch belonging to the daughter of Anoop Singh, that the relatives had decided that the accused would return the watch and the money but the accused-appellants did not carry out that direction till the date of th