- (1.) Heard Sri S.N. Tripathi, learned AGA for the appellant-State of U.P., Sri S.K. Pandey, learned counsel for respondent No. 1-accused and perused the record. This government appeal is preferred challenging the validity and correctness of the impugned judgment and order dated 8.7.85 passed by the Sessions Judge, Etah in S.T. No. 536 of 1984 (State v. Jagdish Singh and another). By the impugned judgment, respondents-accused Jagdish Singh son of Deshraj resident of village Bijpur, P.S. Jalesar and Ramvir Singh son of Jai Singh resident of village Ramgarh, P.S. Jalesar, District Etah were acquitted of the offence under Section 302 read with Section 34 IPC. Before proceeding with the hearing on merits we may point out here that during the pendency of appeal respondent-accused Ram Vir Singh son of Jai Singh, resident of village Ramgarh P.S. Jalesar, District Etah is reported by the C.J.M., Etah vide his report dated 15.4.2013 to have died in 1998 Therefore, the appeal against him was abated vide order dated 11.7.2013.
(2.) The prosecution case before the trial Court was that deceased Kunwar Pal Singh, resident of village Mutakpur, P.S. Jalesar, District Etah was father of four daughters and had no male issue. The wife of Kunwar Pal Singh (since deceased) had already pre-deceased him.
(3.) First informant Janspal Singh was the son of the youngest daughter of Kunwar Pal Singh (since deceased), though he was a resident of village Nagla Sukhdeo but lived with his maternal-grand father, Kunwar Pal Singh since his childhood. Kunwar Pal Singh was having 85 bighas of land with him, out of which he made a gift of 42-1/2 bighas in favour of first informant Janspal Singh about 3 years prior to the incident and with regard to remaining 42-1/2 bighas of land, he also wanted to execute sale-deed with regard to those very 42-1/2 bighas of land each in favour of first informant and his daughter, namely, Smt. Rambeti, which was not liked by the accused and their children.;