JUDGMENT :

Om Prakash-VII, J.

1. This criminal appeal has been preferred by accused appellants against judgment and order dated 20/21.12.1983 passed by District & Sessions Judge, Ballia in Session Trial No. 196 of 1982 (State vs. Raj Nath and others) convicting and sentencing appellant Raj Nath for the offence punishable under Section 302 IPC (simpliciter) to undergo imprisonment for life and accused appellants Basgit and Buddhan for the offence under Sections 302 IPC read with Section 34 IPC to undergo imprisonment for life.

2. Facts of case, in nutshell, as unfolded by informant Smt. Rama Devi wife of Shyam Lal in the First Information Report (in short 'F.I.R.'), are that informant's husband were seven brothers. Younger brother Mahngu had a business of milk in Asam and another brother was having hotel business. Four years ago Raj Nath had taken Rs. 3600/-from informant's husband to purchase agricultural land but Raj Nath purchased agricultural land in the name of his son only. When this fact came into knowledge to deceased, an altercation took place between deceased and accused Raj Nath. Panchayat was convened and it was decided that out of Rs. 3600/-, Rs. 1700/- will be returned by