M.C. Jain, J. - (1.) Ramesh, Jagpal and Annu were tried before the 1st Additional Sessions Judge, Rampur in Sessions Trial No. 4 of 1981 under Sections 394 and 302 read with Section 34 I.P.C. for committing robbery in the house of Chandrapal son of Bhagwan Das in village Chamra, Police Station Shahabad, District Rampur at about midnight of 11/12th September 1980 and further for committing murders of Bhagwan Das and Chunni Singh in furtherance of their common intention. Out of them, Ramesh was named in the F.I.R. and the other two came to be booked on - the basis of test identification. All of them came to be acquitted by the trial Judge by judgment dated 30th November 1981. Aggrieved, the State of U.P. has lodged this appeal.
(2.) However, the accused respondents Jagpal and Annu Singh died during the pendency of the appeal and the same abated as regards them under order dated 5.7.2005. This appellate Court, therefore, is now concerned only with the appellant Ramesh who was named in the F.I.R. which was lodged by Chandra Pal son of Bhagwan Das deceased. The report was lodged on 12.9.1980 at 6.30 A.M.
(3.) The prosecution case was that Chunni Singh was the maternal uncle of Bhagwan Das. Since he had no issue, about 10 or 12 years before the incident he called Bhagwan Das with his family to his own house in village Chamra. He gave 20 Bighas of his land to Bhagwan Das. Later on, it was felt that the house in which both Chunni Singh and Bhagwan Das were living, was not sufficient to meet their requirements. Bhagwan Das, therefore, purchased 14 Biswas of land from Lochan Badhwan by means of sale deed (dated 29.8.1980). Ramesh was also interested in buying the said land. Therefore, he felt bad of the land having been purchased by Bhagwan Das. About 4 or 5 days before the incident, Ramesh came to the house of Bhagwan Das and threatened him that he would teach him a lesson for purchasing the land which he himself wanted to purchase.;