RAM RATAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by Ram Ratan, Swami Nath, Shiv Baran, Mano Ram, Ram Bachan alias Om Prakash, Sobha Ram and Ram Pyarey against the judgment and order dated 23.3.1990, passed by Ist Additional Sessions Judge, Faizabad, in Sessions Trial No. 318 of 1987, whereby they have been convicted and sentenced, in the manner, stated hereinafter:

(2.) Shortly stated, the prosecution case runs as under:

(3.) In the division of ancestral property between informant and the deceased on one hand the appellants on the other, the eastern portion of the house along with the appurtenant open land was given to the informant and Haunshila Prasad and northern portion along with the appurtenant open land in the same house was given to the appellants Shiv Baran and Ram Pyarey. However, Shiv Baran and Ram Pyarey wanted to take possession of the open land appurtenant to the portion of the informant and Haunshila Prasad. On account of this, relations between them and the informant and Haunshila Prasad became strained. Proceedings under sections 107/116, Cr. P.C. also took place between them.