B.N.Nigam, J. - (1.) Bisheshwar has been found guilty of an offence under Section 302 read with Section 34, Indian Penal Code. He has been sentenced to imprisonment for life. Two other persons, UmraoLal and Chhedl, who were charged with an offence under Section 302 read with Section 34, Indian Penal, Code along with Bisheshwar, were given the benefit of doubt and were acquitted by the learned Sessions Judge, Bahraich. Against his conviction and sentence Bisheshwar has filed this represented appeal.
(2.) The prosecution case is that the parties reside in village Bantwara, police station Payagpur, district Bahraich. Jhagru deceased and Umrao Lal. acquitted, were step' brothers. Their father, Ram Adhar, is still alive. Jhagru used to live separately. Umrao Lal lives with his father. Jhagru had only 11 bighas of land in village Kamolia and he claimed more as due to him. On 8-9-1960 a Panchayat was held. This was attended by P.W. 5 Ram Naraln, P.W. 7 Dal Thomman Pradhan, P.W. 14 Birey and others including P.W. 15 Ram Tirath. The decision of the Panchayat is contained in Ext. Ka 1. Jhagru was allotted another 14 bighas of land in village Kamolia. The land in village Bantwara was to remain with Umrao Lal. In lieu of his share of the wheat crop in village Kamolia Jhagru was to get 2.8 maunds. Ext, Ka 1 remained with Dal Tramman. There was some mustard crop in village Kamolia. Jhagru wanted a share. Another Panchayat was convened on the day after the Holi. P.W. 7 Dal Thamman, P.W. 8 Rajjan, c.w. 14 Birey and P.W. 15 Ram Tirath were again present. Ram Tirath is son of the deceased Jhagru. Nothing was decided as in the Panchayat UmraoLal showed temper and threatened to do away with Jhagru even if it cost him Rs. 50/-or Rs. 100/-.
(3.) Some time later Jhagru cut a Babul tree in village Bantwara. There was an altercation between Jhagru and Umrao Lal and Umrao Lal gave application Exht. Ka 25 to the Superintendent of Police against Jhagru and Ram Tirath. On 5-3-1961 he also lodged report Ext. Ka 23. Then mutation proceedings started in respect of 14 bighas of land in village Kamolia. The prosecution case is that UmraoLal decided to do away with Jhagru and secured the assistance of Chhedi and Biseshwar. On the night of 18th March, 1931, when Ram Tirath had gone to village Kamolia, Chhedi went to Jhagru one Pahar after nightfall to persuade him to accompany him to Bairagi Bagh on the pretext of eating honey. P.W. 6 Faujdar saw them going towards Bairaghi Bagh. Jhagru told him that he was going to eat honey and asked Faujdar to accompany him. Faujdar, however, excused himself. At that time Chhedi was armed with an axe.;