BACHCHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE above named appellants have been convicted and sentenced under Sections 302/149 and 148 IPC to life imprisonment and three years R. I. respectively by Sri S. D. N. Singh, the then District and Sessions Judge, Mirzapur by his judgment dated 28-4-1978.

(2.) ACCORDING to the prosecution deceased Chhedi Lal was son of Munni Lal and Smt. Maktulia and after the death of Munni Lal Smt. Maktulia remarried Kattu father of appellants Bachchan and Bachau, Mewa, Jhuru and Makkhan were brothers. Appellant Sheo Shanker is son of Bachchan. Makkhan and Ram Nandan are sons of Jhuru. Garib is son of Mewa. Smt. Lalmani is wife of Bachchan and Smt. Kishuni is wife of Bachau. Babu Nandan is also son of Jhuru. It is alleged that Munni Lal had five Bighas of land and when Smt. Maktulia after the death of Munni Lal started living with Kattu, the latter also cultivated that land and surreptitiously got entered the name of Bachchan and Bachau. When deceased Chhedi Lal had married and started living separately in his father's house he demanded his father's land which was not given. Thereupon he filed a case in the Revenue Court. However, subsequently at the intervention of some villagers only one Bigha of land was given by Kattu to Chhedi Lal. Since then the relations between Chhedi Lal and sons of Kattu and his other relations became very strained. After the death of Kattu, Smt. Maktulia was also turned out by Bachchan and Bachau and she lived separately alone in the city. There is a Mahuwa tree adjoining the Sehan of the house of the deceased. Towards east of that Mahuwa tree is the plot of Bachchan and Bachau which earlier belonged to Munni Lal, father of the deceased.

(3.) AFTER completion of the investigation, submission of charge-sheet etc. they were tried under Sections 147, 148 and 302 read with Section 149 IPC to which they pleaded not guilty.