MANI RAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been filed against the impugned judgment and order dated 16.11.1984 passed by Vth Additional Sessions Judge, Mirzapur in S.T. No.103 of 1983, convicting the accused-appellant under Sec. 307 I.P.C. and sentencing him with rigorous imprisonment for a period of 3 years.

(2.) The brief facts relating to the case are that "Raj Murat Singh lodged a F.I.R. at 11:45 p.m. on 11.1.1983 against Ram Lochan Singh Singh, Ram Palat Singh and Mani Ram Singh with the contention that his co-sharer Ram Lochan Singh started constructions over the wall in question by putting window as against the previous agreement and when Roop Narain Singh and Lallan Singh asked them to stop constructions, the accused persons started abusing and left to their roof from where, upon exhortation by Ram Lochan Singh and Ram Palat Singh, accused-appellant Mani Ram Singh made three fires resulting in injuries to his two brothers Roop Narain Singh, Lallan Singh as well as Smt. Kamali wife of Jiut Singh and the incident was seen by Gulab Singh, Ram Lal Singh, Jiut Singh and others."

(3.) Upon investigation charge-sheet was submitted and case was committed to sessions in which after framing of charges and recording of evidence of parties the learned trial court passed the impugned order acquitting co-accused Ram Lochan Singh and Ram Palat Singh from the charges under Sec. 307 I.P.C. and convicted Mani Ram Singh under Sec. 307 I.P.C. and sentencing appellant him with 3 years rigorous imprisonment, feeling aggrieved with which he has preferred this appeal.