( 1 ) BALDEO and Mangal Singh have preferred this appeal against their conviction under Section 302/34,i. P. C. The judgment of conviction was passed by the then Sections Judge, Hamirpur on 6-6-1981 in Sessions Trial No. 285 of 1980 and the accused appellants have been sentenced to life imprisonment.

( 2 ) DURING pendency of the appeal, appellant Baldeo died. The appeal was ordered to be abated against him on 18-11-2003.

( 3 ) APPELLANT Baldeo, since dead, was the father of surviving appellant Mangal Singh. The deceased of this case is Nathua. The deceased was brought up by his maternal uncle PW 2 Baij Nath. The deceased was married to Smt. Putti PW 1. The deceased along with his wife Smt. Putti lived in village Kul Pahar district Hamirpur. When nathua became adult he demanded back his 40-45 Blghas land from appellant Baldeo who was his uncle. Baldeo refused to give back the land, whereupon Nathua instituted a case in which he won. Thereafter, Nathua again demanded the land, whereupon baldeo asked him to wait for one year since he had to marry his daughter. Baldeo further told that after the marriage of his daughter he would leave the land. The fact that Nathu