(1.) There are three appellants in this appeal, who were charged, tried and convicted by the 6th Additional Sessions Judge, Arrah in Sessions Trial No. 187 of 1979. The first appellant Ramsubhag Singh is the father of appellants No. 2 and 3, namely, Panchanand Singh and Nand Kishore Singh. Ramsubhag Singh has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. The remaining two appellants were acquitted of the charge under Section 302/34 I.P.C. and have been convicted under Section 307/34 I.P.C. and sentenced to seven years imprisonment.
(2.) This case is related to an occurence which happened on 10th May, 1974 in village Piania P.S. Udwantnagar In the district of Bhojpur. In the said occurrence Ram Dhyan Singh lost his life while two persons had suffered severe injuries.
(3.) Admittedly the land dispute was the cause of the unfortunate occurrence. It appears that there was a piece of land measuring 5 kathas situated in the north of village Piania. This land, according to the prosecution case, was owned by the deceased Ram Dheyan Singh and Surajbansh Singh half and half. Surajbansh Singh, the co-sharer although had half share on the said land but he had sold entire 5 kathas of land to appellant Ramsubhag Singh about a year before the occurrence. Ramsubhag Singh filed Mutation case before the B.D.O. Udwantnagar for mutation of his name with respect of 5 kathas of land purchased from Surajbansh Singh. Ram Dhayan Singh filed objection before the B.D.O. on the ground that Surajbansh Singh had no authority to sell the entire land when Ram Dhayan Singh had half share. The Mutation matter was to be heard only on the next day of the occurrence. According to the case of the prosecution, although Mutation case was yet to be decided, the appellants armed with Bhala had gone to the disputed land to erect a marai. Ram Dhayan Singh having come to know of this fact sent information to Mahatam Singh and his son Ram Singar Singh. It may be stated here that the deceased had transferred the land to Mahatam Singh by way of exchange and he had no interest left on the land. Ram Dhayan Singh and Mahatam Singh went to the disputed land at 6.30 A.M. on 10-5-1974 and protested Ramsubhag Singh against proposed erection of marai on the plea that he should wait till the mutation case is disposed of. An altercation took place and there was exchange of hot words from both sides. In the meantime, Kalap Rai, Madhusudan Rai and Brinda Singh arrived and intervened. It is alleged that appellant Ramsubhag Singh suddenly deal with three bhala blows on the chest of Ram Dhayan Singh which caused instantaneously death of Ram Dhayan Singh. It is further alleged that Panchanand Singh and Nand Kishore Singh, sons of Ramsubhag Singh assaulted Mahatam Singh with bhala and Ram Singar Singh with lathi portion of their bhala. Having seen Ram Dhayan Singh lying dead, the appellants fled away from the scene of occurrence.