- (1.) This appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against the judgment of the High Court of Judicature at Allahabad in Criminal Appeal No. 2514 of 1982 whereby the High Court allowed the appeal preferred by the State and accordingly reversed the judgment and order of acquittal passed by the trial Court under Sections 147, 148, 302/149, IPC. The High Court having convicted the accused, sentenced them to life imprisonment.
(2.) During the pendency of the appeal preferred by the State in the High Court, the accused Awadhoo (A-1) and Birbal (A-3) died and the appeal against them was ordered to be abated. This appeal is preferred by Durbal, accused No. 2.
(3.) In order to appreciate as to whether the judgment of the High Court reversing the order of acquittal, requires any interference at our hands, we may have to notice the prosecution case in brief: The origin of the prosecution case lies in an altercation between the accused and one Kaldhari (PW 1) alleged to have taken place two days prior to the date of incident on 23rd December, 1979. It is the case of the prosecution that one Ramdhani (not examined) in partnership with Kaldhari (PW 1) had obtained lease of fishery rights in respect of a pond situated in Harirampur village. They had raised fish in the said pond. The accused were claiming right to collect fish from the said pond. Kaldhari (PW 1) along with his companions had gone to village Harirampur for the collection of the fish from the pond. The accused along with their associates had also assembled there to collect the fish from the pond. Their attempts were resisted by Kaldhari (PW 1) resulting in an altercation. Awadhoo (A 1), since deceased, threatened Kaldhari (PW 1) of his life. This incident had taken place in the presence of Madan (PW 4) and one Sidhu (not examined).;