JUDGMENT :

Jitendra Kumar Sinha, J.

1. Heard Sri Akhilesh along with Ripu Soodan Yadav, learned counsel for the appellant no. 2 and Sri Rahul Asthana, learned AGA for the State.

2. The appellants by way of this appeal have challenged their conviction under section 302 r/w 149 IPC and under section 148 IPC and sentence of imprisonment for life under section 302/149 IPC and sentence of two years rigorous imprisonment under section 148 IPC. All the sentences have been ordered to run concurrently.

3. Vide order dated 11.3.2019, the appeal stood abated in respect of appellant no.1-Harswarup, appellant no. 3-Jawahar and appellant no. 4-Tulsi and vide order dated 27.2.2024, the appeal stood abated in respect of appellant no. 5-Bhagat Singh. Now the appeal is surviving only in respect of appellant no. 2-Suresh.

4. The prosecution case in brief is that the informant Kunwar Pal gave a written report to the SHO of police station Kosikala District Mathura stating therein that Harswarup, Charan Singh and Kishan Dutt are real brothers. The informant, Charan Singh and Kishan Dutt used to live together and Harswarup was living separately from them. It is further submitted that a dispute was existing re