GODHI ALIAS SUKHBIRI Vs. STATE OF U P

JUDGEMENT

(1.) -Both these appeals have arisen out of judgment and order dated 4.12.1981, passed by Sri S. C. Srivastava, the then IInd Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No. 216 of 1980. Smt. Godhi alias Sukhbiri and her husband Budh Singh are the appellants in Criminal Appeal No. 2875 of 1981 whereas their son Chandan Singh is the appellant in Criminal Appeal No. 3041 of 1981. Chandan Singh has been convicted under Section 302, I.P.C. and sentenced to life imprisonment. The other two appellants have been convicted under Section 302 read with Section 34, I.P.C. and they, too, have been sentenced to life imprisonment.

(2.) THE incident took place on 20.4.1980 at about 8 a.m. in the jungle of village Kajal Hedi, Police Station Shamli, district Muzaffar Nagar and the report was lodged the same day at 10.30 a.m. by Sukhpal Singh P.W. 1, an eye-witness who is brother of the deceased Rajendra Singh. THE distance of the police station from the place of occurrence was about 7 miles. Deceased Rajendra Singh was the son of Gyan Singh, brother of the accused appellant Budh Singh, meaning thereby that the three accused appellants are close relatives of the deceased. Gyan Singh, Vijay Singh and Budh Singh, being brothers, divided their agricultural plots amongst themselves by a private arrangement. Plot No. 473 had been divided between Vijay Singh and Gyan Singh in such a way that the eastern portion was in possession of Vijay Singh and the western portion was in possession of Gyan Singh, there being a mend to divide the two portions. To the west of plot No. 473 was plot No. 474 and it was in exclusive possession of Vijay Singh. To the east of plot No. 473 also was plot No. 469 which was also in possession of Vijay Singh. To the south of plot Nos. 474 and 473 respectively were plot Nos. 475 and 472 in possession of Budh Singh accused. To the south of Plot No. 472 was plot No. 471, the northern portion of which was in possession of Budh Singh and the southern portion was in possession of Sukhpal Singh, with a drain running east-west between the two portions. This drain was connected with another drain running north-south from a tubewell of Gyan Singh in plot No. 469 and was situated to the east of plot Nos. 471, 472 and 473. It was alleged that the drain situated in plot No. 471 was exclusively used by Sukhpal Singh for irrigation of his land.

(3.) THE deceased was aged about 32 years and about 1-1/4 days had passed since he died. THE following ante-mortem injuries were found on his person :