JUDGMENT

H.C.P. Tripathi, J. - These appeals arise out of a common judgment of the learned Additional Sessions Judge of Basti and are being disposed of together. Appellant Sheo Pujan has been convicted of an offence under Section 302 I.P.C. and sentenced to death. Appellants Sheo Murat and Jeet Bahadur have been convicted under Section 302 read with Section 34 I.P.C. and each of them has been sentenced to imprisonment for life. The learned Sessions Judge has made a reference for the confirmation of the sentence of death imposed on Sheo Pujan.

2. Appellants Sheo Pujan and Sheo Murat are real brothers and appellant Jeet Bahadur is their collateral. These appellants and the deceased Indrajeet who happened to be their distant collateral resided in contiguous houses in village Dhaurahara within the jurisdiction of police station Dhanghata in the district of Basti.

3. The prosecution case in short is as follows :-

Indrajeet (deceased) was a well to do cultivator who used to lend grain on interest. The three appellants had taken grain from him on loan and had failed to refund the same. The persistent demands made by the deceased for the return of the grain had embittered the appellants aga