Judgment :-

S.B. Sinha, J.

1. Appellants are before us questioning the correctness of a judgment and order of a Division Bench of the High Court of Judicature at Allahabad dated 4th April, 2005 affirming a judgment and order dated 23rd December, 1997 passed by the 1st Additional Sessions Judge, Meerut convicting the appellants herein under Sections 302 read with Section 149 of the Indian Penal Code and Sections 148 and 323/149 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for three months respectively. The sentences were, however, directed to run concurrently.

2. Appellants, the deceased and the prosecution witnesses are agnates being descendants of one Badan Singh.

3. The genealogical chart of the family is as under:-

4. Enmity between the two parties was a long standing one. It started with murder of one Laxman brother of Tilak Ram (A-1) and father of Dalbir (A-6) as well as Danaahai (A-5). Jagbandhan (deceased No.1), father of Arun and Anirudh along with 10 other persons were prosecuted therefor. Jagbandhan (deceased No.1), Dhum Singh (PW-7) and Gandhari wife of Ajab Singh (PW-