MAHESH Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. Seven appellants in this appeal have challenged the impugned judgment and order dated 21-10-1981 passed, by IVth Additional Sessions Judge, Etah in Sessions Trial No. 793 of 1979 where trial Court has convicted appellant Ganga Singh under Section 302, IPC and rest of the appellants Mahesh, Durbin, Ram Phal, Kalyan, Shyam Pal and Ram Vir under Sections 302/149, IPC for the murder of Soran and has sentenced each of them to serve life imprisonment. Jointly all the appellants have further been convicted under Sections 302/149, IPC for committing the murder of Kashmir and have been sentenced to life imprisonment on that score. They have been further convicted under Sections 307/149, IPC with sentence seven years RI for attempting to murder Sukhram and Chheda Lal. Appellant Shyam Pal and Kalyan have further been convicted under Section 147, IPC and sentenced to six months rigorous imprisonment was the remaining appellants have been further convicted under Section 148, IPC and sentenced to one year rigorous imprisonment.

(2.) THE dispute which had generated the murderous assault lies in the dispute of ownership of a teak tree which was standing on the boundary of the two villages-Nagla Padam and Nagla Ahibaran. THE former village Nagla Padam falls in district Etah whereas Nagla Ahibaran a hamlet of Bahbalpur is within the revenue district of Farrukhabad. THE distance between the two villages is one mile. Appellant Ganga Singh is the father of appellants Mahesh and Durbin. Appellants Ram Phal, Kalyan and Shiam Pal are the real brothers and appellant Ramvir is the son of Ram Phal. All of them belong to the genelogy of Ganga Singh.

(3.) TWO injured Soran and Kashmiri lost their lives in the assault and Chheda Lal P. W. 3. , Sukh Ram P. W. 2 and Ugrasen received injuries. How ever Ugrasen was not medically examined.