JUDGMENT :

Raj Beer Singh, J.

Both these appeals have been preferred against the judgment and order dated 26.08.1987 passed by IVth Additional Sessions Judge, Kanpur Nagar in Session Trial No. 199 of 1986 (State Versus Kaptan Singh and H.N. Singh) under Sections 302, 323/34 & 324/34 of I.P.C., P.S. Kalyanpur, District Kanpur Nagar, whereby accused-appellant H.N. Singh has been convicted under Section 302 and accused-appellant Kaptan Singh has been convicted under Section 302/34 and they have been sentenced to life. Both the accused-appellants have further been convicted under Section 324/34 IPC and sentenced to rigorous imprisonment for one year. Both the sentences have been directed to run concurrently.

2. Both the accused-appellants H.N. Singh and Kaptan Singh as well as the deceased Ram Niwas Rao were tenants in residential building of (PW-2) informant-Ram Singar Pandey. On 03.05.1986 at around 8.30 P.M. informant Ram Singar Pandey (landlord) came at the said premises and demanded electricity dues from accused-appellant Kaptan Singh. Accused-appellant Kaptan Singh objected the same by saying that electricity bill is exaggerated and thus he would not pay the same. Meanwhile, another