This criminal appeal arises out of the judgment and order of the learned IVth Additional Sessions Judge, Ghaziabad in Sessions Trial No. 101 of 1980 dated 2-12-1981. By this judgment the learned Sessions Judge held the appellant Nazruddin guilty of an offence under Section 302 I. P. C. and sentenced him to undergo imprisonment for life. Under Section 148 I. P. C. Nazruddin was awarded R. I. for a period of two years and under Section 323/149 I. P. C. he was sentenced to one years R. I. The appellant Shahbuddin was sentenced to undergo imprisonment for life under Section 302/149 I. P. C. , to undergo R. I. for 18 months for an offence under Section 147 I. P. C. and to undergo R. I. for one year under Section 323/149 I. P. C. All the sentences of both the appellants were ordered to run concurrently. The third accused Chuttan who has been charged under Sections 147, 323/149 and 302/149 I. P. C. was acquitted.

Briefly stated the prosecution story was that the informant Bhullan Khan who was originally a resident of village Naithala was married to one Asso who was the daughter of Bundu mistri resident of village Tilpata. For the last 30 years alter ins marriage Bhullan Kha