IMTIYAZ MURTAZA, J.

( 1 ) THE above appeals have been preferred against the Judgment and order dated 16. 11. 2002 passed by the Additional Sessions Judge, Hamirpur in S. T. No. 44/97 whereby both the appellants have been convicted under Section 302/34 I. P. C. for the murder of Loknath and sentenced to undergo imprisonment for life and a fine of Rs. 20,000/-: Appellant Govind Das has been sentenced to death under Section 302/34 I. P. C. for committing the murder of Naval kishore.

( 2 ) BRIEF fact of the case as mentioned in the first information report is that the informant Mannu is resident of Village Alra, P. S. Muskara. His family lives in Village Natarra, District Mahoba where his in-laws are residing. He and his wife Shail Kumari and younger son Naval Kishore occasionally come and stay in village Alra and they cultivate the land of their share. About eight days ago his cousin Govind Das @ Gudda and his son Jai Kishan had encroached the land on the back side of his house by a Bandhi. On 11. 8. 96 his son Lok Nath @ Lukkhi whose wife was expecting to deliver a child came to take his mother alongwith him. His wife had informed Lok nath about the encroachment of their land. In the

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