( 1 ) THIS is an appeal against a judgment and order date 10/12/1977 passed by Sri S. N. Lal, the then II ddl. Sessions Judge, Azamgarh by Which he has convicted Ram Samujh And Rama appellants under Sections 302/34 of the Indian Penal Code, and has sentenced each of them to undergo imprisonment for life and has further convicted Ram Samujh, Rama and Samharu appellants, under Sections 323/34 of the Indian Penal Code, and has sentenced each of them to undergo rigorous imprisonment for six months.

( 2 ) THE parties are residents of village Parasurampur, P. S. Gambhirpur, District Azam-garh. In village Parasurampur there is a Pokhra i. e. pond. Towards east and west of the said pond there is a filed of Ambika informant. In the said field of the informant wheat crop was growing at the time of the incident. Towards west of the said field, there was a field belonging to Samharu accused etc. Ram Samujh accused was son of Samharu appellant. In the said field of Samharu Latari crop, a kind of pulse was growing.

( 3 ) ACCORDING to the case of the prosecution on 9/12/1976, in order to irrigate the aforesaid wheat field, belonging to Ambika informant water was being brought from t