PRAFULLA C. PANT, J.

This appeal, preferred under Section 374 (2) of the Code of Criminal Proce dure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judg ment and order dated April 21, 1984, passed in Sessions trial No. 94 of 1983, by the then learned Additional Sessions Judge/special Judge, Nainital, whereby appellants Kikkar Singh and Khushal Singh have been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I. P. C.) and each one of them has been sentenced to imprisonment for life, and the third appellant Girdhari has been convicted under Section 302 read with Section 34 of the I. P. C. , and is also sen tenced to imprisonment for life.

2. We heard learned counsel for the parties and perused the entire evi dence on record.

3. The prosecution story, in brief, is that about five days before the date of incident, when accused/appellant Kikkar Singh was passing through the field of Dalip Singh (deceased), the lat ter stopped him on which both ex changed heated words. Accused. / ap pellant Kikkar Singh left on that day saying that he would see that who stops him from passing through the field. Thereafter, on 11-01-1983, at about 9:3

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