MANPHOOL Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 29.8.1978 passed by Sri S.R. Bhargava the then lind Additional Sessions Judge, Non-Metropolitan Area. Kanpur, by which he convicted ManphOOl-appellant under Section 302 I.P.C. and under section 323/34 I.P.C, and Ramlal appellant under section 302/34 I.P.C. and under section 323 I.P.C. and has sentenced each of them to undergo life imprisonment and three months, Rigorous imprisonment respectively thereunder.

(2.) Manphool and Ramlal appellants are real brothers. They are sons of Maiya Deen. Asha Ram deceased and Hon Lal informant (P.W. 1) were also brothers. All of them were residing in the same village i.e. Sikaula Police Station Ghatampur, District Kanpur.

(3.) Prior to consolidation in the village, which took place in the year 1961, a plot of land originally belonged to Asha Ram deceased and his brother Horilal. Out of the said plot, chak no. 1 was carved out and was allotted to Maiyadeen. The remaining piece of land, which remained with Asha Ram deceased and his brother Horilal, was marked as Chak No. 53. In between these two chak nos 1 and 53, there was a water channel.