Hon’ble Om Prakash-VII, J.—This criminal appeal has been preferred by the appellants Dharam Singh, Banshi and Ram Singh alias Gautam against the judgment and order dated 23.12.1982 passed by Learned Sessions Judge, Fatehpur in Sessions Trial No. 78 of 1982 under Section 302 read with 34 of the Indian Penal Code (in short “the IPC”), Police Station Husainganj, District Fatehpur whereby the accused-appellants Dharam Singh, Banshi and Ram Singh alias Gautam have been found guilty for committing the murder of Ram Bali and have been convicted and sentenced under Section 302 read with 34 IPC to undergo imprisonment for life.

2. It is reported that appellant Ram Singh alias Gautam died during pendency of appeal, therefore, his appeal has been abated. Thus, the appeal is being decided only against the appellants Dharam Singh and Banshi.

3. The prosecution story, in nutshell, is that a written report dated 9.4.1981 was submitted by the informant Chandra Pal mentioning therein that there was some dispute between Chandrapal (informant) and his khandani Srikrishan. The accused persons, being friendly to Srikrishan, used to take undue interest in their matters. Deceased Ram Bali objecte