- (1.) BY the Court. -Heard learned Counsel for the appellants and learned A.G.A.
(2.) THE impugned appeal was preferred by the above appellants against their conviction under Section 302/34 I.P.C. and Section 323/34 I.P.C. and sentence of life imprisonment and 6 months' R.I. awarded to them by the trial Court. The sentences are to run concurrently. The occurrence in the present case took place at 8.00 a.m. in front of the house of informant Smt. Kalawati in village Chhibaiya, Police Station Sarai Inayat, district Allahabad. According, to the prosecution there was a piece of land in the North of house of the deceased Bishram Das. The appellants had an eye upon it. They were insisting upon to raise their house over it. Bishram Das was on litigating terms in civil Court in respect of the said land with Harbhan Singh. On the date of occurrence the appellants led by Ram Surat came to the spot and professed to raise their house there. The informant and his son Bishram Das told Ram Surat that let the litigation end against him thereafter only he can raise the house. The accused persons hurled abuses on being asked not to do so. They assaulted Bishram Das and his mother with Lathis. Their alarm attracted many people from the village to the scene of occurrence. Since the F.I.R. was taken down only under Section 323 and 504 I.P.C. a non -cognizable offence so it was taken down in the briefest possible manner by the constable clerk.
(3.) IN the past also Bishram had lodged a report against Harbhan Singh and others under Sections 504 and 506 I.P.C. about a dispute in respect of this very land. The said incident occurred when the informant was raising a house upon the disputed land. According to the prosecution the land was earmarked for Harijans and was occupied by the family members and others belonging to the community of the informant.;