MANGEY RAM Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri G.S. Chaturvedi, Advocate assisted by Sri Ajatshatru Pandey, learned counsel for the appellant-Mangey Ram, Sri Dilip Kumar and Sri Pratap Kanchan Singh, learned counsel for the complainant, Sri Anand Tiwari, learned A.G.A. for the State. We have appointed Sri Ajatshatru Pandey, Advocate as Amicus Curiae for the appellant-Rajbeer.

(2.) This appeal has been filed by the appellants Mangey Ram and Rajbeer against the impugned judgment and order dated 08-11-1982 passed by the learned IInd Additional Sessions Judge, Saharanpur in Sessions Trial No. 296 of 1981 (State Vs. Mangey Ram & others) under Sections 302 and 307 IPC, Police Station-Badagaon, District-Saharanpur whereby the learned Sessions Judge had convicted both the accused persons for life imprisonment under Section 302 IPC read with Section 34 IPC.

(3.) In a nutshell, the prosecution case is that Atar Singh had three sons, namely, Chamel Singh (deceased), Mangey Ram (appellant) and Rajbeer (appellant). The appellants have been charged and tried under Section 302 IPC with the allegation that on 19th July, 1981 at 10:00 am in village Jaroda Panda, Police Station Badagoan, District-Saharanpur had committed intentional murder by causing death of Chamel Singh (son of Atar Singh and real brother of accused persons) by firing at him with a revolver. Atar Singh who is the father of the accused persons had 30 bighas of land in his name and out of which 7 1/2 bighas of land has been given to Chamel Singh (deceased). The entire cultivation was initially done by Chamel Singh and subsequently 10 bighas of land had been taken by Sri Atar Singh in the name of his other two sons, namely, Mangey Ram and Rajbeer. As per the prosecution version, Chamel Singh (deceased) wanted a share in this land and in this regard some panchayat had also taken place and out of which three bighas land has been given to Chamel Singh. The alleged panchayat took place on 27.01.1981. The decision of the panchayat had been reduced to writing vide Ex. Ka-2. Both the accused who were angry and were inimical to Chamel Singh on account of transfer of the said land in favour of deceased. The prosecution case is also taken into account that both the accused had implicated Chamel Singh in a case of robbery and another case of abducting a girl and as such Chamel Singh had been sent to jail and he was granted bail in the robbery case on 08.07.1981 and in case of abduction of a girl he was granted bail on 18.07.1981 i.e. a day before the alleged occurrence. It has also been alleged that during the period Chamel Singh was in jail, the two accused took possession over the three bighas land which had been given to Chamel Singh on the basis of the alleged panchayat on 27.01.1981.