BANNE ALIAS BAIJNATH Vs. STATE

JUDGEMENT

(1.) By the order dated 20-6-1980 passed in sessions trial No. 232 of 1979 each of the appellants above named has been convicted and sentenced to undergo six months R. I. under Section 147, I.P.C. three year 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. All the sentences have been ordered to run concurrently. Aggrieved by the said judgment this appeal has been preferred by the convicts.

(2.) In order to appreciate the facts of the present case it is relevant to know the inter se relationship of the parties from the following pedigree :-

(3.) Undisputedly all the accused are real brothers being sons of Lalloo. Moti and Gharroo were real brothers being sons of Mukundi. According to the prosecution case they were living together along with Tilakhdhari P.W. 1 Amardhari P.W. 2, Jagga and Babau. Moti had no issue. As per the prosecution case Lalloo, the father of accused persons Gharroo and Moti were having 1/3 share each in plot No. 165/2 in village Sheopurwa 1/3 share of Lalloo was in separate possession of his sons and rest of 2/3 share was in joint possession of Moti and Garroo while according to the defence they were in possession of 1/2 share and the other half was jointly possessed by Moti and Garroo.