MAHENDRA PAL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) The instant appeal was preferred against judgment and order dated 23.12.1980 passed by III Additional District and Sessions Judge, Bareilly, in Session Trial No. 312 of 1979 whereby appellants Mahendra Pal Singh, Om Pal Singh and Rajendra Singh were convicted under Sections 307/34 IPC and sentenced to undergo five years R.I. Accused Ram Babu Singh was acquitted. During pendency of appeal, accused-appellant Mahendra Pal Singh died. Appeal in respect of accused-appellant Mahendra Pal Singh, abated vide order dated 20.1.2004. Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri A.K. Pandey, Advocate, on behalf of the two appellants namely Om Pal Singh and Rajendra Singh and learned AGA for the State.

(2.) Admittedly, occurrence is outcome of a dispute over title and possession of plot No.413 between Lal Singh and Smt. Chameli Devi, mother of accused Mahendra Pal Singh, which was previously recorded in the name of Smt. Ram Pyaree wife of Man Singh. Both parties claimed possession over the said plot, which is situated near house of Lal Singh and accused Mahendra Pal Singh. Accused and first informant are neighbours. There is only an intervening Rasta: The occurrence is alleged to have taken place on 15.07.1978 at 5.45 a.m. First information report was registered against appellants on the same day at 6.30 a.m. at Police Station Bithrichainpur, District Bareilly. Police Station is situated 3 miles away from place of occurrence. First Information Report was lodged by PW1, Narain Singh. There are two injured namely Gajju Singh Tau of first informant and Lal Singh.

(3.) Sri A.K. Pandey, has brought to my notice that there is a cross case in which fourteen persons were named as accused, and the same was lodged by one Ram Babu Singh, who was acquitted by III Additional District and Sessions Judge. First information report was registered on the same day at 6.40 a.m. under Sections 147, 148, 149, 323, 436, 452, 325 IPC P.S. Bithrichainpur, District Bareilly, giving rise to another Session Trial No. 321 of 1979.