I.P.SINGH, J. - (1.) CRL . Appeal No. 1412 of 1977 has been preferred by Shankar, Ram Sahai and Sukha convict -appellants, while Crl. Appeal No. 1413 of 1977 has been filed by Rajju convict -appellant against the judgment and order of Sri N.N. Sharma, the then Sessions Judge, Moradabad dated 17 -6 -1977 passed in S.T.N. 791 of 1976 : State v. Rajju and three others, convicting and sentencing each of the three appellants of Crl. Appeal No. 1412 of 1977 under S. 323/34, I.P.C. to one year R.I.; and convicting and sentencing Rajju, appellant, of Crl. Appeal No. 1413 of 1977 under S. 302 I.P.C. to imprisonment for life and under S. 323/34, I.P.C. to one year R.I.
(2.) SINCE the learned Sessions Judge acquitted Ram Sahai Shankar and Sukha of the charge under S. 302 read with S. 34, I.P.C., so the State Government filed Govt. Appeal No. 2237 of 1977 with the prayer that on the facts and circumstances of the case, they also be convicted and sentenced under those sections. The prosecution case, in brief, is that one Kanhai resident of village Sujanpur, P.S. Hayatnagar, District Moradabad was possessed of 70 bighas of land. It was in two parts i.e. 40 bighas and 30 bighas. 40 bighas of land was rather unfertile so he sold it away and purchased 21 bighas of fertile land in village Kaserwa. He divided the said 21 bighas of land in equal half shares between his two sons Leela deceased and Rajju appellant. Shankar and Ram Sahai appellants are his sons. Leela deceased was married to Smt. Bhagwati P.W. 4. Her step brother is Sukha appellant. Rampal P.W. 3 and Kallu alias Kalwa P.W. 5 are the sons of Leela deceased.
(3.) THE other 30 bighas piece of land was under the cultivation of Kanhai. He happens to live with his son Rajju appellant. For this reason, practically, Rajju appellant was cultivating that land and appropriating its usufruct. Leela deceased wanted half share in the said land. Rajju appellant would not oblige him. Leela deceased came to file a suit for partition of the said land of 30 bighas. The said suit was pending at the time of the incident.;