STATE OF UTTARPRADESH Vs. KALYAN SINGH

JUDGEMENT

(1.) This appeal by the State of Uttar Pradesh under section 378 Criminal Procedure Code is directed against the judgment and order of acquittal dated 24/8/1976 of the lind Additional Sessions Judge, Shahjabanpur. The learned Sessions Judge acquitted all the seven accused- respondents of charges under sections 302/149, 324/149, 148 and 147 of the Indian Penal Code.

(2.) All the accused-respondents are Thakurs by caste and closely related to each other. Sikdar Singh complainant injured is a Kachhwaha by caste. Both the parties were residents of village Doshpur Nagra, Police Station Mirzapur District Shahjahanpur.

(3.) There was old enmity between the parties. Narpat father of Sikdar Singh complainant was murdered in the year 1938 and in that case Puttu Singh, Pratap Singh, Natthu Singh and Bachan Singh were sentenced to imprisonment for life. These persons were relations of Gajraj brother of Kalyan Singh, accused-respondent. Since then the relations between the families of the two sides were strained. Smt. Prem Wati and Mithoo of village Doshpur Nagra had a joint Khata. Mithoo was disputing the claim of Smt. Prem Wati to 1/2 share in the joint Khata. Smt. Prem Wati sold her half share consisting of 16-bighas to Sikdar Singh, complainant in the year 1967. Mutation application of Sikdar Singh was allowed in the year 1972 despite Mithoos objection. This annoyed Mithoo and lie mortgaged his 16-bigha share to Kalyan Singh accused-respondent, simply to harass Sikdar Singh complainant. The prosecution case is that Kalyan Singh and his family members occasionally damaged th6 crop of the fields purchased by Sikdar Singh. This led to proceedings under section 145, Criminal Procedure Code and the land purchased by Sikdar Singh was attached. Jai Singh (PW-3) and Jagannath Singh were appointed Supurdars of the crop consisting of wheat and pea. On 8-3-74 at about 10 a.m. Sikdar Singh complainant was returning from village Papar and in the Rasta noticed that Prem Pal and Brij Pal accused-respondents were uprooting the wheat and pea crop of his attached field. Sikdar Singh complained about this to Jai Singh (PW-3) who immediately went to the field followed by Sikdar Singh. Jai Singh reprimanded Brij Pal and Prem Pal accused and at this the latter said that Sikdar Singh poses himself to be the owner of the field and they would kill him that very day.