JUDGMENT

Capoor, J. - This appeal has been preferred by Nanhey and Bum and is directed against an order of the learned Temporary Civil and Session's Judge, Varanasi whereby the Appellants were found guilty of the offences Under Sections 302/34 and 447 of IPC and which one of them was sentenced to undergo imprisonment for life for the former and to undergo three years R.I. for the latter offence. The sentences awarded by the learned trial court were ordered to run concurrently. Along with the Appellants four more accused persons were tried for the aforesaid offences but they were acquitted.

2. The facts leading to the prosecution of the Appellants and the other accused persons may briefly be stated as below. The Appellants and the accused persons Madan and Ghaman were own brothers, being the sons of Sarju. The other accused persons, Lallan and Bachche were the sons of accused Madan. The accused persons and Bachau deceased resided in the same village, namely, Baburi within the jurisdiction of P.S. Chandauli, district Varanasi. There had been a long standing dispute between the accused persons on the one hand and Bachau deceased on the other with regard to plot No. 158 situate in the af