N. B. ASTIIANA, J.

Accused Ayodhya Singh has filed this appeal against the judgment and order dated 5-5-82 passed by the then learned Sessions Judge, Banda in S. T. No. 385/81 (Case Crime No. 112 under Sections 302/307, I. P. C. , P. S. Pailani, Banda) convicting him for having committed the murder of Amar Singh along with one unknown person 18th July, 1981 at about 12-30 p. m. in the Chaupal of Jwala Singh in village- Chandwara, P. S. Pailani, Banda and also for causing injuries to Smt. Sushila with the intention of committing her murder at the door of the house of Haura Singh in Village-Chandward, P. S. Pailani upon the same date and time as aforesaid and sentencing him to undergo life imprisonment under the first count and seven rigorous imprisonment under the second count.

2. The prosecution story, in brief, is that Smt. Sharda, widow of Gaya Singh (brother of the appellant) was joint with the appellant. She wanted to have a partition and her share separated. She asked the

appellant for the partition but did not listen. On the other hand he started abusing and beating Ver. Smt. Sharda came to PW-1, Bhura Singh and wanted his help for getting the partition done. PW-1, Bhura Sing

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