I. S. Mathur, J.

1. Sessions Trial No, 515 of 1978 and Sessions Trial No. 621 of 1978, arising out of the same crime No. 245 of 1978, Police Station Amroha, District Moradabad, have been disposed of by the learned Sessions Judge, Moradabad by a common judgment dated 16-2-1979 in Sessions Trial No. 515 of 1978 appellant Jumma alongwith Buddhan and in Sessions Trial No. 621 of 1978 accused Kalua were charged under section 302 read with section 34 IPC and section 323 read with section 34 IPC. The learned Sessions Judge has acquitted accused Buddhan and Kalua of both the charges. Appellant Jumma alone has been convicted under sections 302 and 323 IPC and sentenced to life imprisonment under the first count and rigorous imprisonment of one year under the second count. This appeal by Jumma is directed against the said judgment and order.

2. The prosecution case is that accused Jumma and deceased Hamidullah were sons of one Buddhan by different wives. Informant Raunaq Ali (PW 5) is the son of the deceased. Accused Kalua was said to be brother- in-law of Jumma and Buddhan was said to be his associate. There was a dispute between accused Jumma and deceased Hamidullah over a Kotha, b