JUDGMENT

Rajeev Kumar Shrivastava, J. - The present criminal appeal under Section 374 of CrPC has been filed by appellants- Hariram and Veer Singh against the judgment of conviction and sentence dated 30/03/2012 passed in ST No.45 of 2011 by Second Additional Sessions Judge (FTC), Mungawali, District Ashok Nagar whereby appellant No.2-Veer Singh has been convicted under Section 302 of IPC and appellant No.1- Hariram has been convicted under Section 302 /34 of IPC and both the appellants have been sentenced to undergo Life Imprisonment with fine of Rs.5,000-5,000/- with default stipulation.

2. Prosecution case, in short, is that appellants are the brothers of deceased Shishupal, whose father Nannulal, was having a tractor and land in his name and was living with deceased Shishupal. Nannual, father of the deceased, expressed his desire to appellants and deceased Shishupal that he would make partition of property consisting of one tractor and the land after payment of loan amount of tractor and expenses of marriages. As deceased Shishupal was living with his father Nannulal, therefore, appellants were having animosity with deceased Shishupal. On the fateful day i.e. 15-12- 2010 at aroun