STATE OF U P Vs. NANDU VISHWAKARMA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal passed by the High Court of Allahabad whereby and whereunder the High Court acquitted Nandu Vishwakarma. Kalu and Lalloo from the charges under Section 302 of Indian Penal Code (hereinafter referred to as 'the IPC') read with Section 34 and also under Section 367 read with Section 34 IPC.

(2.) Before dealing with the rival contentions raised on behalf of the parties and in order to appreciate the said contentions it would be necessary to state a few facts leading to the registration of the aforesaid criminal case.

(3.) Dangar Yadav, who is the elder brother of informant PW-1 (Prithivi Pal), and Gujrati Devi (PW-2), wife of the informant are residents of village Samraha, Police Station Karchana. The respondents who are accused in the present case are residents of another village namely village Dubawal, Police Station Sarai Inayat. There is no dispute with regard to the fact that both the informant side as also the accused are involved in litigation pertaining to some plots of land in Kachhar village of Leelapur which is a separate village than the village in which the informant party reside and also from the village where the accused party reside.