U.S.TRIPATHI, J. - (1.) The above four appeals have been preferred by respective appellants against the judgment and order dated 30-9-1980 passed by Sri S.K. Agnihotri, the then Additional Sessions Judge, Aligarh in Session Trial No. 532 of 1979 convicting the appellants under Sec. 396 I.P.C. and sentencing them to imprisonment for life.
(2.) All the appeals arise out of same judgment and common question of fact and law are involved in all the four appeals and, therefore, these appeals are taken up together for decision by a common judgment.
(3.) The prosecution story, briefly stated, was that Heera Lal deceased, Aidal Singh deceased and Bhagwat Singh (P.W.2) were real brother and residents of village Ratanpur, P.S.Sikandararau, District Aligarh. Appellants Harpal and Sukhpal were real brothers and first cousins of Bhagwant Singh (P.W.2), Heera Lal and Aidal Singh deceased. Appellant Ajanti resident of Sikandar Pur, P.S. Akbarabad was allegedly Sarhu of appellant Sukhpal and sister of appellant Munna Giri was married in the village of Bhagwant Singh (P.W.2). Chhote Giri and Jamuna Giri of the said village had executed sale deed on 13-7-1979 in favour of appellant Sukhpal regarding Abadi land. Subsequently, on 20-7-1979 a sale deed of the same land was executed by Chandan Giri (P.W.3) in favour of Bhagwant Singh (P.W.2), Heera Lal deceased and Aidal Singh deceased. The execution of above sale deeds gave rise to criminal litigation and proceedings under Secs. 107/116 and 145 Cr. P.C. were initiated between Bhagwant Singh (P.W.2), Heera Lal deceased, Aidal Singh, Chandan Giri (P.W.3) on one side and appellant Sukhpal and their vendors on the other side and the vendees on each side were asserting rights over said Abadi Land.;