CHANDRU Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against a judgment and order dated 28-4-1978 passed by Sri G. R. S. Tandon, the then 7th Additional Sessions Judge, Meerut by which he has convicted the above named four appellants under Sections 302/34 of the Indian Penal Code and 323/34 of the Indian Penal Code and has sentenced each of them to undergo imprisonment for life and R.I. for six months respectively there under.

(2.) Chandru and Ram Niwas appellants are real brothers. Nain Singh and Atar Singh appellants, and Braham Singh who has been acquitted by the learned Trial Court, were also brothers.

(3.) The relations between -the parties were strained. The chak of Bali deceased was adjacent to RajbahaT and the road. The accused persons used to take Rajbaha Patriot in auction to graze the cattle. They also used to allow their cattle to enter into the field of Bali deceased and thereby cause damage to the crop standing in the field. Although Bali deceased used to protest but the same never yielded any result. About two years prior to this incident the accused persons had launched prosecution against Bali deceased and his brother Mahendra Singh informant. Bali deceased used to look after the defence of the said case.