STATE OF U P Vs. PREM SINGH

JUDGEMENT

(1.) Karan Singh and Prem Singh are two real brothers. Both of them were prosecuted in Sessions Trial No. 663 of 1976 before the Sessions Judge, Moradabad. By his judgment and order of May 31, 1977, the Sessions Judge found Karan Singh guilty of the offence punishable under Section 302 I.P.C. At the same time, he recorded an order of acquittal in favour of Prem Singh appellant. In consequence we have before us Government Appeal No. 2177 of 1977 which arises out of the order of acquittal against Prem Singh. The connected Criminal Appeal No. 1531 of 1977 has been filed by Karan Singh. Both these appeals are directed against a common judgment and as such we are deciding them together.

(2.) The prosecution case is short and simple. Karan Singh is a previous convict. He was sentenced to life imprisonment in connection with a murder case. Shortly before the occurrence, which is the subject-matter of the two connected appeals, Karan Singh had been released after serving out a jail sentence.

(3.) There was a small piece of open land in Mohalla Patpat Sarai Street in the city of Moradabad which was a common properly of the persons residing in the said Mohalla. The two accused encroached on the said open land and placed a tea stall there, which was being run by Karan Singh appellant. Bad characters assembled at the said shop and indulged in eveteasing. This was resented by the residents of the locality. Mangat Ram deceased was also a resident of the same Mohalla. Shashi Kant (P. W. 3), Satya Pal Anand (P. W. 6) also lived in Mohalla Patpat Sarai. The residents of the locality including the deceased Mangat Ram moved an application to the Prescribed Authority on March 30, 1976 praying for the removal of the shop. Mangat Ram was in the forefront of the efforts of the residents of the locality to get the shop removed. The then Additional District Magistrate (Executive) directed the removal of the shop and the same was removed on April 4, 1976 by Govind Saran Shukla S. I. Kotwali, Moradabad. The relevant entry in the general diary of the removal of the shop is Ex. Ka. 6 on the record and the memo prepared in respect of the same are Exs, Ka. 15 and Ka. 16. The two brothers Prem Singh and Karan Singh felt aggrieved by the removal of the shop. The main target of their venom was Mangat Ram deceased.