( 1 ) OUT of the three appellants, Chhotey Lal and Manik Chand are real brother, being sons of Ram Bharos and are residents of village Tirhara. Police Station Manjhanpur, district Allahabad, and Lakhan son of Saddhu is kewat by caste and belongs to village Alpika Puni, pertaining to the same Thana. All the three have been convicted on a charge under Section 302 read with sec. 34 I. P. C. and sentenced to Imprisonment for life by Mr. K. P. Asthana, the then 1st Additional Sessions Judge, Allahabad, vide his order dated 4. 9. 1978 passed in Session Trial No. 491 of 1976, feeling aggrieved, they have now come up in appeal.

( 2 ) THE deceased of this case was one Ram Chandra Dwivedi, who was the uncle of the appellants Chhotey Lal and Manik Chand. During consolidation operations, it appears, am agricultural field fell to the share of these three persons. Half of it belonged to the two appellants and the remaining half to Ram Chandra Dwivedi but it appears that Chhotey Lal and Manik Chand were in exclusive possession of the whole and though Ram Chandra was asking them to agree to a partition, they were not prepared. A month prior to this incident there was a quarrel bet