IMTIYAZ MURTAZA, J.

Both these appeals arise out of the judgment and order dated 8-8-2000 passed by Sri Madan Lal, 1st Additional Sessions Judge, Siddarth Nagar, whereby the appellants Virendra Prasad Tiwari, Smt. Godawri, Smt. Laxmi Devi and Chandeshwer Tiwari have been convicted under Section 302 read with 109 I. P. C. and sentenced to undergo imprisonment for life and appellant Ram Ji Tiwari has been convicted under Section 302 I. P. C. and sentenced to death.

2. The above appeals are decided by this common judgment.

3. The brief facts of the case are that on 31-10-97 the appellants were removing pual from the land in front of the house of Nazir Jogi, who was neighbour of the complainant Chandrawati Devi. It is alleged that they were taking forcible possession over the land. Nazir objected to it then accused persons had started abusing him and bent upon assaulting him. It is alleged that when complainants husband Bindeshwari s/o Raj Kumar came to intervene, appellant Godawri brought DBBL gun and cartridge and gave them to Ram Ji Tiwari and exhorted him to kill all of them to finish the dispute for over. Ram Ji firstly fired at Nazir and then at Smt. Kunna. After the firing, othe

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