[Per : Hon’ble Rajeev Gupta, C.J. (Oral)]

The appellants have preferred his appeal under Section 374(2) Cr.P.C. against the impugned judgment dated 01.08.1986 passed by Sessions Judge, Nainital in Sessions Trial No. 229 of 1984, whereby appellant Khima Nand was convicted under Section 302 and appellant Kirti Ballabh under Section 302 read with 24 of the Indian Penal Code with sentences of imprisonment for Life.

2. The short facts of the case, essential for deciding this appeal are that :

A. appellants Khima Nand and Kirti Ballabh are real brothers. Informant Hari Dutt is father of Kanti Ballabh (since deceased) and Tara Devi is his sister. Kanti Ballabh was employed in Jal Sansthan at Nainital. On 19.10.1984, at about 7:00 p.m., when Kanti Ballabh was taking his meals in his house and his father Hari Dutt, sister Tara Devi and mother Smt. Devki Devi were also present there, appellant Khima Nand asked Kanti Ballabh to come out of his house. When Kanti Ballabh came out of the house, appellants Khima Nand and Kirti Ballabh inquired from Kanti Ballabh as to why water was not being supplied to their house. Kanti Ballabh replied that there was some defect in the pipeline and, as