K.S.Rakhra, J. - (1.) These are two connected criminal appeals by ten persons who have been held guilty and convicted by Sessions Judge Ghazipur on 21st September, 1982 in Sessions Trial No. 268 of 1981 whereby Bishundhari has been sentenced to life imprisonment under section 302/149 IPC, six months rigorous imprisonment under section 323/149 IPC and two years rigorous imprisonment under section 148 IPC. Remaining appellants by the same judgment have been sentenced to life imprisonment under sections 302/149 IPC, six months rigorous imprisonment under section 323/149 IPC and one year rigorous imprisonment under section 147 IPC.
(2.) Aggrieved by these findings and sentences they have filed these appeals under section 374 Cr.P.C. The case has arisen out of Crime No. 75 of 1981 of Police Station Gahmer District Ghazipur. The factual matrix of the case, in short, is that there is a Dyana Nath Baba Math in village Lahna within the circle of police station Gahmer. One Jamuna Giri was the Mahant and was managing the land and other property of the Math. In the year 1957 when Jamuna Giri died one of his disciple Bhairo Giri became Mahant. In the capacity of Mahant and Manager of the Math property, name of Bhairo Giri was recorded in the revenue records. The prosecution case is that Bhairo Giri and one Deo Nath Koyari father of appellant Bishundhari in collusion with some other persons with ulterior motive got the entries in the revenue records changed from -Manager of the land to the owner of it. This was done on 31st May 1979 and in the same sequence within six days Bhairo Giri executed a sale deed of four bigha 12, biswa land of Math in favour of Deo Nath Koyari.
(3.) Kameshwar Singh P.W. 1 was Sarpanch of Nyay Panchayat of Deval which included village Lahna. He is a big land holder and owns about 200 Bighas of land. The prosecution case is that ancestors of Kameshwar Singh had donated the aforesaid land to Daya Nath Math. Sri Bhairo Giri was only a Sarvakar of that Math and had power of management only. He had no legal right to transfer the Math land to Deo Nath Koyari or anybody else.;