JUDGMENT :

1. We have heard Sri Krishna Gopal, learned counsel for the appellants and Sri J.K.Upadhyay, learned AGA for the State and have perused the record.

2. This appeal has been filed against the judgment and order of conviction and punishment, dated 18.11.2013 and 19.11.2013, respectively, passed by Additional District and Sessions Judge (Court No.6), Bareilly, in Sessions Trial No. 885 of 2011, convicting the appellants under Section 302 read with Section 34 IPC and sentencing them to imprisonment for life with fine of Rs.10,000/-each and a default sentence of two months.

INTRODUCTORY FACTS

3. The prosecution case is based on a written report (Ext.Ka-1) submitted by PW-1 at Police Station Kyolaria, District Bareilly on 5.5.2011, at about 10.30 AM, of which, Chik Report (Ext.Ka-2) and G.D.Entry No.14 (Ext.Ka-3) was prepared by PW-4. The allegation in the report is that the deceased Ram Swaroop had no issues; his wife had also died and after the death of his wife, the deceased was staying with the informant. The deceased had 18 Bighas of land. 15 days before the incident, the nephews of the deceased had dismantled the "Med" (field demarcation boundary) of the field of the deceased