(1.) This appeal is directed against the judgment of the High Court of Judicature at Allahabad delivered in Criminal Appeal No.1358 of 1980 dated 1st February, 2000 by which the High Court had acquitted all the five accused who were convicted and sentenced to undergo six months R.I. under Section 147 I.P.C., three years R.I. under Section 307/149 I.P.C. three months R.I. under Section 323/149 and to imprisonment for life under Section 302 read with Section 149 I.P.C. by the trial court.
(2.) Brief facts which are necessary to dispose of this appeal are recapitulated as under: -
(3.) On 13.11.1977 a violent incident is alleged to have taken place between the accused and members of the complainant party, namely, Moti, Gharroo and his sons over share in plot No.165/2 measuring 1.88 decimals situated in Village Shivpurwa, P.S. Manduadih, District Varanasi. It is admitted case of the parties that Chhakkoo and his brother Panchu were original tenure holders of the said plot along with some other plots.
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