KESHAV PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) M. M. Lal, J. This is an appeal against a judgment and order dated 20th September, 1978 passed by Sri U. D. Shukla, the then III Addl Sessions Judge, Varanasi by which he has convicted all the above named five appellants under Sections 302/149, I. P. C. . and has sentenced each of them to life imprisonment thereunder and has further convicted Atma Pandey, Keshav Pandey, Kshrna Pandey and Dasarath Pandey, appellants under Section 148, I. P. C. and has sentenced each of them to undergo rigorous imprisonment for 1 years and has also convicted Sita Ram-appellant under Section 147, I. P. C. and has sentenced him to undergo rigorous imprisonment for one year thereunder. Both these sentences awarded in each of the appellants have been made to run concurrently.

(2.) ATMA Pandey, Keshav Pandey, Dasarath Pandey, Sita Ram Pandey-appellants and Jai Ram Pandey- accused are real brothers. They are sons of late Sri Pratap Pandey. and Smt. Utma. Kshma Pandey is the son of Sita Ram Pandey-appellant. All of them are resident of village Gaura, P. S. Chaubeypur, district Varanasi.

(3.) ONE day prior to the incident Kedar Tewari deceased had got the afore said field. , which had been purchased from Ram Surat Lai, ploughed. At that time an altercation took place between the accused persons and Kedar Tewari deceased and the accused persons advanced a threat to the latter that because he had taken possession over the aforesaid field, hence they would not now allow him to till his plot, situate in village Gaura.