(Per : Hon’ble J.C.S. Rawat, J.)

This Criminal appeal has been directed against the judgment and order dated 26.08.1989 passed by Shri M.L. Singhal, the then Sessions Judge, Pithoragarh in S.T. No. 30/1988 State Vs. Hari Singh & another, whereby the appellant-Hari Singh was convicted and sentenced to undergo imprisonment for life and for six years under section 302 & section 307 IPC respectively. The appellant-Inder Singh was convicted and sentenced to undergo imprisonment of life and for six years under Section 302/34 IPC and section 307/34 IPC respectively. Both sentences were to run concurrently.

2. The facts, in nutshell, are that Hari Singh and Inder Singh (appellants) are the cousins of Laxman Singh – informant and Kundal Singh – deceased. Mohan Singh PW2 is the real uncle of appellants (Hari Singh & Inder Singh), Laxman Singh PW1 and Kundal Singh-deceased. The family of the appellants-accused were not having good relations with the families of Kundal Singh (deceased) and Laxman Singh PW1. They were not even on visiting and talking terms for the past six to seven years from the date of incident. The appellants-accused devoured the land of the family of the deceased-K