RAM AUTAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by six persons, viz. , Ram Autar, Bharosa, Binda, Ram Kumar, Raja Ram and sheo Moorat who have been convicted by the learned Sessions Judge of Banda under Sections 302/149, 323/149, 323/149 and 147, I. P. C. Every one of them has been sentenced to transportation for life and to pay a fine of Rs. 100/ under Section 302/149, to three years' rigorous imprisonment and a fine of Rs. 50/-under Section 325/149, to six months' rigorous imprisonment under Section 323/149 and to one year's rigorous imprisonment under Section 147, i. P. C.

(2.) IT appears that there is a grove known as Gunji Bagh in village Man in the district of Banda. This grove has an area of 3 bighas and 14 biswas. The owners thereof agreed on 1-5-1950 to sell one bigha and 17 1/2 biswas of the grove to the appellants. On 15-5-1950 they agreed to sell one bigha and 17 biswas to the complainant's party. It will thus appear that the total area agreed to be sold exceeded the actual area of the grove by half a biswa. Pursuant to these agreements the vendors executed a sale deed on 7-11-1950 in respect of one bigha and 17 1/2 biswas of this grove in favour, of the appellants and later on they sold 1 bigha and 17 biswas to the complainant's party. This led to a dispute between the parties in respect of an area of half a biswa. The appellants, however, succeeded in getting actual possession over the disputed area and in getting their names mutated over it. They actually sowed crop therein.

(3.) THE complainant's party also made an application for mutation of their names in respect of the disputed area but this petition was dismissed on 31-3-1952.