GANGA SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two appeals against a judgment of the learned III Additional District and Sessions Judge, Etawah, Criminal Appeal No. 2042 of 1974 is by Ganga Singh, Arjun Singh and Dangal Singh. Criminal Appeal No. 2412 of 1974 is by Soney Lai. Soney Lai was convicted of an offence under Section 302 read with Section 301, I. P. C. and was sentenced to undergo imprisonment for life. He was also convicted under Section 307 read with Section 34, I. P. C. and was sentenced to undergo rigorous imprisonment for seven years. Both the sentences were to run concurrently. The appellants Ganga Singh, Arjun Singh and Dangal Singh were convicted of an offence under Section 302 read with Sections 301 and 34, I. P. C. and were sentenced to undergo imprisonment for life. They were further convicted of an offence under Section 307 read with Section 34, I. P. C. and were sentenced to undergo rigorous imprisonment for seven years. The sentences of all the appellants were ordered to run concurrently.

(2.) THE prosecution case was that there had been a longstanding enmity between the appellants and the complainant Badan Singh. Soney Lai appellant made a complaint against 18 persons including the deceased Karan Singh and Saheb Singh brother of the complainant Badan Singh under Section 70 of the Northern India Canal and Drainage Act and all the 18 persons were acquitted of the same (Ext. K. 27}. Smt. Gomti Devi sister-in-law of Badan Singh inherited Plot No. 260 situate in village Kunwarpur Bhatpura from her husband. This plot was entered in the name of Smt. Gomti and was situate near the house and chak of Soney Lai. Smt. Gomti transferred this plot to appellants Ganga Singh and Arjun Singh. Bhagwan Singh father of the complainant Badan Singh moved an application for mutation in his "favour in respect of the plot alleging that Smt. Gomti had no interest in the plot after her remarriage. This application was dismissed. He filed a revision against the order of the Tahsildar which was also dismissed. Bhagwan Singh thereafter brought a suit under Section 299-B of the U. P. Zamindari Abolition and Land Reforms Act against Smt. Gomti. This suit was decided by compromise between them with the result that Plot No. 260 and some other lands were recorded in the name of Bhagwan Singh and another (Ext. Ka-30 ). There were proceedings under Section 145, Cr. P. C. in respect of the same plot in the Court of the Sub-Divisional Magistrate, Bhar-tana between Ganga Singh appellant and Badan Singh and his brother (Ext. Ka-32 ). Ganga Singh and Arjun Singh brought a suit against Smt. Gomti, Badan Singh and his brother for an injunction in the Court of Munsif, Etawah in respect of the plot. This suit was pending at the time of the occurrence.

(3.) ON 11th Oct. 1973 Soney Lal wanted to pass through Plot No. 260 which had been in possession of Badan Singh with his plough and bullocks. Badan Singh objected whereupon there was an altercation between him and Soney Lai. Soney Lai went away saying that Badan Singh would not survive the night. In this respect Badan Singh has made a statement on oath,