NARAIN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 23-1-1980 passed by 8th Additional Sessions Judge, Bareilly in S. T. No. 26 of 1978 convicting the appellants Narain Singh under Sections 302 and 307 read with Section 34, I. P. C. and sentencing him to undergo imprisonment for life and R. I. for a period of three years respectively on each count, while convicting the appellants Pothi Ram, Ram Murti and Gokaran under Section 302 read with 34 and 307 read with Section 34 I. P. C. and sentencing each of them to under go imprisonment for life and R. I. for a period of three years respectively on each count.

(2.) THE prosecution story, briefly stated, was as under: All the appellants, Prem Pal Singh deceased and Rajendra Singh (P. W. 1) were residents of village Kanja Chakarpur, P. S. Bhuta, District Bareilly. Prem Pal Singh deceased and his brother Rajendra Singh (P. W. 1) had purchased house and land of Toti and Ati Ram Singh situated towards west of their residential house through a registered sale deed dated 15-2-1977. Appellant Narain Singh who was Pradhan of the village also wanted to purchase the above land. On account of purchasing the above land by Prem Pal Singh and Rajendra Singh (P. W. 1) he was bearing enmity with them and had threatened them time and again to leave the above land in his favour.

(3.) SINCE the case related to P. S. Bhoota papers were sent to the said police station.