BALWAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 26-10-1979 of the IV Additional District and Sessions Judge, Kanpur, whereby by he convicted the appellants Balwan Singh, Tar Babu alias Pratap Singh, Indrasen, Sheo Ram Damroo, Gajodhar and Hira Lal and sentenced each of them under S. 302/149, I.P.C. to imprisonment for life, 307/149, I.P.C. to five years' R.I. and S. 148, I.P.C. to R.I. for two years, while acquitting their coaccused Hanuman.

(2.) Parties to this litigation including the deceased Lal Singh belong to village Jonia within the jurisdiction of Police Station Gajner, district Kanpur. All the accused persons hail from a common ancestor. Three of them, Hira Lal, Damroo and Gajodhar are real brothers. Tar Babu and Indrasen are sons of Damroo, Balwan is son of Hira Lal and Sheo Ram is grandson of Gajodhar.

(3.) According to the prosecution case as set out in the F.I.R. and the statements of the witnesses of fact, a plot of land known as Pandeywala field, situated in village Jonia aforesaid, belonged to one Dhani Ram of the said village. From the first wife of Dhani Ram was born a daughter Sukhdei, who is married in district Jalaun. After the death of his first wife Dhani Ram re-married with Saraswati Kunwar. No issue was born from this wedlock. The landed property of 'Dhani Ram including the plot in question devolved upon Saraswati Kunwar after his death. After the death of Saraswati Kunwar the said property was inherited by Sukhdei, who entered into possession over the plot in question also. The accused persons had got a sale deed of this plot executed by Saraswati Kunwar although their name was neither mutated on account of objection by Sukhdei nor possession delivered to them. On the other hand, the name of Sukhadei was mutated after the death of Saraswati Kunwar. For the purposes of looking after her property including the plot in question Sukhdei executed a Mukhtarnama in favour of Ram Asrey (P.W. 4), the son of first informant Bharosa Singh. (P.W. 1). The cultivation on behalf of Sukhdei was accordingly done by Ram Asrey.