( 1 ) RAM Lochan and Bhola, two brothers, have filed this appeal against the judgment and order of the Vth Additional District and Sessions Judge, Varanasi, dated 4/12/1978 in S. T. No. 174 of 1978 convicting the former under Section 302, I. P. C. and the latter under Section 302/34, I. P. C. and sentencing each of them to imprisonment for life thereunder.

( 2 ) THE prosecution story in brief is that Prabhu Narain Chaubey (deceased) was the father of Jugul Kishore, a High School Student (P. W. 1 - the informant ). They were living along with other family members in the house of one Nageshwar Prasad in village Mawaiya. There was some adjoining field of Nageshwar Prasad which was cultivated by Prabhu Narain Chaubey. The two accused were living in village Nawapura which was across the road, and bore ill-will against the informant and his father because they had an eye over the said land. The further case of the prosecution is that nearly a year. ago Ram Lochan accused wanted the cycle from Jugul Kishore and on his refusal Ram Lochan had slapped him. On a complaint by Jugal Kishore there ensued an altercation and scuffle between Ram Lochan and Prabhu Narain. The prosec