(Delivered by Hon'ble Shashi Kant Gupta J.)

1. This criminal appeal has been preferred by the accused appellants against the judgement and order dated 30.11.1999 passed by the Sessions Judge, Mau in Sessions Trial No. 93 of 1998 (State vs. Amresh Singh and another) convicting and sentencing the appellants for the offences punishable under Section 302/34 IPC to undergo life imprisonment.

2. At the outset, it is relevant to mention here that during pendency of this appeal, the appellant No. 1 - Amresh Singh has died. Accordingly, vide order dated 14.11.2007 this Court has abated the appeal as against the appellant No. 1 - Amresh Singh.

3. Now, we are proceeding to consider the present appeal in respect of the remaining appellant No. 2 Ram Awadh Singh.

4. The facts of the case, as unfolded by the informant Vinit Kumar Singh in the First Information Report (in short 'F.I.R.'), are that there was an ongoing enmity for the last many years over the landed property between Udayee Singh (Deceased), the grand father of the informant and the accused persons. Due to which, Udayee Singh along with the informant and other family members had started to live in a separate 'Pucca' house c