RAM BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAM Bahadur Singh, Babban Singh, Sarwan Singh and Prem Singh convicts-appellants have preferred this appeal against the judgment and order of Sri Ved Prakash Kalra, Vth Additional Sessions Judge, Deoria, dated 8-9-1977, passed in SIT. No. 16/77 convicting each one of the four appellants under section 302/34 IPC to life imprisonment and under section . IPC to one year RI. Both the sentences are ordered to run concurrently.

(2.) THE prosecution case is that Dwarika deceased and the appellants were residents of village Bhaisantola Dumari, within Police Station Kasia, district Deoria. THE plot of Babban Singh appellant was situated near the house of Dwarika deceased on the outskirts of the village Abadi. During the consolidation proceedings in the village the said plot of Babban Singh appellant was allotted to Oram Sabha for the purpose of road, Abadi, Khalihan etc. When Babban Singh appellant learnt about it, he constructed a Madhaiya and Nad on the said plot. Dwarika deceased moved an application in the court of Assistant Consolidation Officer for 'removal of the said Madaiya and Nad. On the other band, Babban Singh appellant moved an application to leave the said land as such under his occupation and exclude the same from the consolidation operation. THE Assistant Consolidation officer recommended to the Consolidation officer for declaring the said land as Abadi land. In the said litiigation Dwarika deceased was doing pairvi on behalf of the village people and his action was resented to by Babban Singh appellant.

(3.) FIR of the incident was lodged by Sharda PW 2 at P. S. Kasia, 6 kms. away, the same night at 00.05 hours (22-11-1976), approximately three hours after the incident.