PRAFULLA C. PANT, J.

This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. PC.), is di rected against the judgment and order dated 08-04-1992, passed in Sessions Trial No. . 141 of 1988, by the then learned Special Judge/addl. Sessions Judge, Nainital, whereby appellants Diwan Singh and Bachuli Devi have been convicted under Section 302 of the In dian Penal Code, 1860 (hereinafter re ferred as I. PC.), and each one of them has been sentenced to imprisonment for life.

2. Prosecution story in brief is that the accused /appellants Diwan Singh, Bachuli Devi and their son Nar Singh are residents of Village Soopi, Patti Satbunga, District Nainital. Prem Singh (deceased) was also resident of the same village. He was real brother of appellant Diwan Singh. On 14-07-1986, at about 5:30 - 6:00 P. M. , Prem Singh returned to his home in the village after finishing his days work. Meanwhile, accused / ap pellant Diwan Singh and his wife appel lant Bachuli Devi also returned from the fields to their home in the village. Ap pellant Bachuli Devi accused sons of Prem Singh (deceased) that they had stolen wheat flour and potatoes from her ho

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