The present criminal appeal is directed against the judgment and order, dated 22-12-1979 passed by 1st Addl. Sessions Judge, Har doi convicting the appellants under Sec tion 302, IPC read with Section 34, IPC and sentencing each of them to Imprisonment for Life in connection with an inci dent which was alleged to have taken place on 15-9 1978 at about 5,45 p. m. in Mohalla Balai Kot within the police circle Shahabad District Hardoi.

2. Initially, four accused persons were prosecuted in this case, but out of them accused Muazffar and Thullu were ac quitted by the learned Sessions Judge of the charges levelled against them. It is said that the accused-appellants used to live in Shahabad town and itself and are real brothers. Deceased Ahmad Ullah had mortgaged some land to Ashiq Ali, the father of the appellants for Rs. 5,000/- and it was one of the conditions of the. said agreement that after three years Ahmad Ullah will again take back the land after paying aforesaid amount. It is said that Ahmad Ullah asked Ashiq Ali after three years to re-sell the land in dispute but Ashiq Ali did not accept the request of deceased Ahmad UHah. It is further al leged that after s