ABHAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The first appellant is the son of second appellant. Second appellant Swarath Singh aged 76 years at the time of his conviction in 1989. Both the appellants have been convicted under Sections 307/ 34, I.P.C. Appellant No. 1 Abhay Singh has been sentenced to undergo rigorous imprisonment for five years and Appellant No. 2 Swarath Singh has been sentenced to undergo rigorous imprisonment for two years.

(2.) Padarath Singh, the Informant, was the own bother of Swarath Singh. The informant and the appellants were the resident of village Khilwan, P. S. Bidupur in the district of Vaishali.

(3.) According to the prosecution, the parents of the informant and the appellant Nos. 2 had partitioned the entire property during their life -time but retained a portion of 10 kothas of land for their own maintenance. Appellant Swarath Singh had already sold his share of land and was insisting that their parents should also sell their land and give sale proceeds to him.