Shabihul Hasnain, J.

Heard Sri Brijesh Yadav, learned counsel for the appellant as well as learned A.G.A. for the State.

2. This criminal appeal has been filed against the judgment and order dated 29.10.1981 passed by V Addl. Sessions Judge, Faizabad in Sessions Trial N.142 of 1981 (State Vs. Jag Prasad and others) by which accused Jag Prasad alias Digghi has been charged under Section 302 IPC and accused Ram Dayal and Ram Khelawan have been charged under Section 302 IPC read with Section 34 IPC for committing the murder of Hausila Prasad.

3. The prosecution case in brief is that Jag Prasad and Ram Dayal are the sons of Ram Khelawan accused. They and the complainant lived in Shiran Ka Purwa, hamlet of Maiher Kabir pur. The complainant belongs to Nai Biradari and the accused belong to Ahir caste. There are only 13 houses in that Purwa out of which 12 belong to the Ahir and one belongs to the Nai i.e. the complainant. In the month of Magh in the same year when the occurrence is alleged to have taken place, Hausila was scrapping grass where the wife of Jag Prasad was also scrapping. The wife of Jag Prasad told Hausila that she had no fodder to feed her cattle on which H