JAINTH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) All the five appellants have been convicted in Session Trial No. 220 of 1980, State v. Mahendra Singh and four others vide judgment and order dated 12.2.1982 passed by the Vlllth Additional Sessions Judge, Azamgarh. The appellant Jainath Singh is now dead and his appeal stands abated vide order dated 25.11.2009. All the appellants Om Prakash, Mahendra Singh, Rajendra Singh, Sheo Nath and Jainath are convicted under Sections 307/149,I.PC. and sentenced to five years R.I. Appellants Mahendra Singh, Om Prakash and Rajendra Singh have been convicted under Section 147 and sentenced to one year R.I. The appellant Jainath Singh (now deceased) and Sheonath Singh have also been convicted under Section 148,I.P.C. and sentenced to one year R.I. All the sentences are directed to run concurrently.

(2.) The occurrence is alleged to have taken place on 24.6.1977 at 8.00 A.M. in village Daulasepur, Police Station Mau, District Azamgarh F.I.R. was lodged on the same day at 9.40 A.M. by PW-1 Rampati Yadav.

(3.) The prosecution case in brief is that one Jai Singh, maternal uncle of accused Jainath was the owner of plot No. 192 situated in village Daulasepur. About one and half months prior to the occurrence in question, Jai Singh had transferred the said land to complaint Rampati. Before exeution of the sale deed accused Jainath Singh, maternal uncle of Jai Singh used to cultivate the said plot No. 192 on Batai. Accused Jainath Singh wanted to usurp the said plot but Jai Singh did not want to transfer it and accused Jainath Singh stopped supply of produce from his land given on Batai. There upon Jai Singh executed a sale deed in favour of complainant Rampati. Accused Jainath Singh became annoyed with the complainant and thereby said that he would not allow the complainant Rampati to plough and cultivate the said plot and also a case of mutation was pending before the Revenue Authorities and another civil Courts for cancellation of sale deed between the parties.