STATE OF U P Vs. YASHPAL

JUDGEMENT

(1.) Accused respondent Yashpal was tried and acquitted under Section 307 I.P.C. The judgment as well as order of acquittal was passed by the then III AddI. Sessions judge, Saharanpur in Sessions Trail No. 548 of 1980 on 24/8/1981.

(2.) Sri K.P. Shukla, Learned A.G.A. and Dr. C.P. Upadhyay, Learned counsel for the respondent have been heard and record of the case has been carefully perused.

(3.) It is admitted that twenty bighas Land of Chak No. 417, situate in village Bood Pur Noor Pur was purchased by informant Om Prakash in the year 1973 from one Kabul Singh. The land of the informant was towards south in chak. The land of one Dhoom Singh was towards north of the land of the informant. The accused respondent purchased the land from Dhoom Singh in the year 1974. It is also admitted that towards west of the land of the informant a Chakroad goes towards north south and towards west of the Chakroad there is a Nali of government tube well.