MOHAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 13-5-88 passed by the then III Addl. Sessions Judge, Saharanpur in Sessions Trial No. 124/85 convicting appellants Mohar Singh and Preetam Singh under Section 324 and 323/34 IPC and Devi Chand and Sripal under Sections 323 and 324/34 IPC but instead of sentencing them giving them the benefit of First Offender Probation Act and releasing each of them upon furnishing a personal bond and two sureties each in the like amount for keeping peace and be of good behaviour for two years.

(2.) Along with the appellants Tara Chand, Surjan and Kashi were also tried. They were however acquitted.

(3.) Mohar Singh, Devi Chand and Preetam Singh appellants are the uncle of PW 1 Ram Pal who is also the first informant of the case. There had been a family partition in between these three appellants and Kalu Ram father of PW 1 Ram Pal in which Kalu Ram got 1/4 share in the cultivatory land as well as in a mango grove in village Bansdei police station Ganghoh, Saharanpur. It is said that after this family partition Kalu Ram started cultivating his land separately while the above three appellants remained joint. Kalu Ram was in exclusive possession of the mango tree, which came to his lot in the partition and was appropriating the produce thereof.