AMBIKA PRASAD Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 24th March, 1992 of an Addl. Sessions Judge, Delhi whereby the four appellants were convicted for offences under section 302/34 Indian Penal Code, 341/34 Indian Penal Code and 307/34 Indian Penal Code and sentenced to life imprisonment along with fines etc. under section 302/34 Indian Penal Code besides imprisonment for offences under section 307/34 and 341/34 Indian Penal Code THESE sentences were to run concurrently. As a matter of fact in all six accused were tried together in a joint trial. Out of the six accused, two, namely, Ram Adhar and Shivraj Singh were acquitted while the remaining four, i.e., Ambika Prasad, Kishanpal Singh, Ram Chander and Rajinder Singh were convicted. THESE three appeals are by the said four convicts. Since the appeals arise from a common judgment, they can be disposed of by this judgment.

(2.) AT the root of the incident is a dispute about land in village Libaspur Pratap Singh owned land in the said village out of which he sold some portion to one Mahinder Yadav for consideration. Mahinder Yadav in turn appears to have carved out smaller plots in the portion of land purchased by him from Pratap Singh and sold the same to third parties. Dispute arose between the vendor and the vendees over this transaction of sale of land. This gave rise to civil litigation in which the vendor party is stated to have obtained stay order from the court against threatened dispossession at the hands of the vendees or the subsequent purchasers. The family of Pratap Singh is the complainant party. Vikram Singh Public Witness -4, Karan Singh Public Witness -5, Anurudh Singh Public Witness -7 belonging to the complainant parly are sons of Pratap Singh. Kishan Dei, Public Witness -10 is the wife of Pratap Singh. Deceased Virender Singh was the son of elder brother of Pratap Singh. FIR No-200/82 Ex.PW-13/B was registered on the basis of the following statement of Vikram Singh son of Pratap Singh Public Witness -4. This statement of Vikram Singh is Ex.PW-4/A and was recorded thus on 30th June, 1982, soon after the incident