MANNA LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants namely, Manna Lal, Kamta, Ranjit, Phool Chandra, Swayambar, Jagannath, Sri Pal and Binni alias Vijai Bahadur have preferred this appeal against the judgment and order dated 28.11.1981, passed by Sri L. S. Shukla, the then VIth Addl. Sessions Judge, Fatehpur in S.T. No. 323 of 1979, under Section 147/148/149/ 307/302, I.P.C. P. S. Bindki Distt. Fatehpur.

(2.) THE said appellants had been convicted under Section 302 read with Section 149 I.P.C. and sentenced to undergo imprisonment for life. Further they are convicted under Section 325, I.P.C. read with Section 149, I.P.C. and sentenced to a fine of Rs. 100 each and in default of payment, the sentence of imprisonment was directed to be enhanced from two years to 2-1/2 years. Further they were convicted under Section 147, I.P.C. and sentenced to one year R.I. Only the appellant Binny alias Vijai Bahadur has been convicted under Section 148, I.P.C. and sentenced to undergo 1-1/2 years R.I. All the sentences were ordered to run concurrently.

(3.) THE motive behind the alleged occurrence was that the appellant No. 1 Manna Lal being an elder brother of Sukhlal (deceased) and Chattrapal-complainant was the Manager (karta) of the family from before and the other two had been looking after cultivation and cattle. Upon the death of their father Chheda, they separated by getting 1/3rd share in the family property by way of private arrangement. Subsequently, Manna induced Gangaram who is son of mother's sister into instituting a suit for partition and as a result thereof, the partition was re-arranged and consequently, the shares were reduced to 1/4th and Manna cultivated the land falling to his share and also the land falling to the share of Gangaram as 1/2 share (including the share of Gangaram) and the remaining land fell to share of Sukhlal (deceased) and complainant Chhatrapal. In the year 1972 Sukhlal deceased had purchased a house from one Jagannath Teli and Manna Lal filed a civil suit for cancellation of the said sale deed on the ground that he had purchased the said land from erstwhile Zamindar and Jagarnath was a licensee. That suit was lingering decision when the occurrence of this case took place. It is further alleged that complainant and deceased Sukhpal had purchased land from Babu Lal and Lakhan of village Tikri Manauri and Manna Lal had a covetous eyes over the said land and wanted the said land for Vijai Bahadur alias Binni son of his Sadu (wife's sister's husband). When the transaction was consummated, Manna Lal felt offended and had also extended threats with the fright of life. It is alleged that the matter was reported to the police and the police had also intervened and Manna Lal etc., were given a dressing down which also annoyed them.