BABU Vs. STATE OF U.P.

JUDGEMENT

(1.) BOTH these appeals arise out of a judgment and order dated 15-7-80 passed by Additional Session Judge, Saharanpur in Sessions Trial No. 384 of 1979. All the appellants of these appeals have been convicted and sen­tenced to imprisonment for life under Sec­tion 302 read with Section 149, I.P.C. They have further been convicted and sentenced to R.I. for one year each under Section 324 read with Section 149, I.P.C. Babu appel­lant has also been convicted and sentenced to one year R.I. under Section 147, I.P.C. while rest of the appellants have been con­victed under Section 148, I.P.C. and sen­tenced to two years R.I. each. All the sen­tences have been ordered to run concur­rently. By the same judgment accused Harish Chandra and Phool Singh have, however, been acquitted.

(2.) BHAG Singh and his all five sons namely Jarnail Singh, Laxman Singh, Karnail Singh, Amarjeet Singh and Sarjeet Singh are appellants before us. Prosecu­tion also alleged that appellant Babu and acquitted accused Phool Singh and Harish Chandra belonged to the party of accused Bhag Singh and they had their fields near the field of Bhag Singh.

(3.) THE prosecution case further is that since the electric motor of tube well was not working, both the parties used to take water from that tube well with the help of tractors.