( 1 ) THIS appeal is directed against the judgment and order dated 9-8-1977, passed by the Sessions Judge, Budaun in Sessions Trial No. 86 of 1976, whereby he has convicted Zorawar appellant under S. 302, I. P. C. and sentenced him to life imprisonment.

( 2 ) ZORAWAR appellant was charged under S. 302, I. P. C. for committing the murder of Ram Bharosey Singh on 23-11-1975 at about 10 a. m. in village Fatehpur, Police Station Musajhag, district Budaun at the CHAUPAL of the deceased with his gun. The appellant and the deceased belong to the same village Fatehpur. It is alleged that Zorawar appellant has four brothers, the eldest of whom was Lahori, who died issueless two years before the occurrence. Smt. Champa Devi widow of Lahori inherited the property of her husband and sold away the same to Bhograj son of her DEWAR, Ram Sahai and went away to her fathers house. Thereafter dispute arose between the brothers of Lahori regarding his property. Nathu and Zorawar appellant formed one party against Ram Sahai. In the evening preceding the murder of Ram Bharosey Singh, the appellant Zorawar and Nathu tried to trap Ram Sahai with intent to kill him. Ram Sahai saved himself