punishable under Section 302 read with Section 34 of the Indian Penal Code, 11860(hereinafter being referred to as ‘IPC’) while acquitting accused Sobran and Durvin from the charges. The accused appellant as well as accused Omkar were sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/-, each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year. This Court is informed that accused Omkar has served out the sentence awarded to him and was released on remission. Brief facts: - 3. The first informant-Ram Naresh(PW-5) gave a written report(Ex.Ka.15) at the Police Station Dannahar, District Mainpuri alleging that his sister, brother-in-law and nephew- Sanju(deceased) were residing nearby his house in village Gokulpur for the last 15 years; on 31st August, 2002, at about 5.00 p.m., accused Omkar came and asked Sanju(deceased) to remove his Naands(Hauda) from the land of the accused, to which, Sanju(deceased) objected saying