( 1 ) THE appellant Naurangi Lal, along with one Bhagwant, have been convicted under Sections 302/34 and 307/34, I. P. C. , by judgement and order dated 15-10-1980 passed by IInd Additional Sessions Judge, Etah. The third accused, Pati Ram son of Bhagwant, was acquitted. The appellants were, however, acquitted for offence under Sections 323/34, I. P. C.

( 2 ) BHAGWANT filed a separate appeal, being Criminal Appeal No. 2370 of 1980. It was stated by the learned counsel appearing for the appellant that Bhagwant has died. The report in this regard has been called from the C. J. M. Etah and, in the meanwhile, it was directed that the appeal of Bhagwant be delinked.

( 3 ) THE deceased Patiram, son of Liladhar, was the real brother of the complainant Mani Ram, Maharaj Singh is the son of the complainant. Accused Pati Ram and Naurangi Lal are real brothers and Bhagwant is their father. The accused above named and the complainant and the deceased were residents of the same village Joga Mai Kalan. According to the prosecution, on 14-10-1979 the appellant, along with other accused, encroached upon the land in possession of Mani Ram by digging foundation and constructing foun