Hon’ble Vineet Saran, J.—One Mahipal had received injuries on 19.6.1981 regarding which a first information report was lodged on the same day by his wife, which was registered under Section 307, I.P.C. Since as a result of the injuries sustained, said Mahipal expired after a few minutes of lodging of the first information report, the case was converted under Section 302, I.P.C. The appellants Yashpal and Jagpal, who are the real brothers of Mahipal, were charged for offence under Section 302, I.P.C. read with Section 34, I.P.C. for which they have been convicted vide judgment and order dated 13.4.1982 passed by III Additional District & Sessions Judge, Meerut in Sessions Trial No. 263 of 1981 and have been sentenced to undergo rigorous imprisonment for life. It is against such judgment that this appeal has been preferred by the said appellants.

2. During the pendency of this appeal it was reported that appellant No. 1 Yashpal has died. Thus by order dated 5.10.2009 the appeal on behalf of Yashpal has already abated.

3. In brief, the prosecution story is that Mahipal had three brothers, namely, Yashpal (appellant No. 1), Jagpal (appellant No. 2) and Jagdish. Mahipal lived sepa