Bharat Bhushan, J. - (1.) Sole surviving appellant Udai Veer Singh has assailed the judgment and order dated 12.10.1983 passed by Vth Additional Sessions Judge, Meerut in Sessions Trial No. 298 of 1982, (State v. Hukum Singh and others) under section 302 read with section 34 of Indian Penal Code (in short, IPC) arising out of Case crime no. 130 of 1982 Police Station Inchauli, whereby appellant was convicted and sentenced to life imprisonment.
(2.) Initially three accused, namely, Hukum Singh, Udai Veer Singh and Inder Singh alias Jaswant Singh were charged and tried under section 302 read with section 34 IPC and thereafter, convicted and sentenced, as aforesaid. During pendency of this appeal, two appellants, namely, appellant no. 1 Hukum Singh and appellant no. 3 Inder Singh @ Jaswant Singh have died and appeal filed on their behalf stand abated in view of orders 30.4.2012 and 17.5.2016 of coordinate Benches of this Court. This Court is now concerned with appeal of surviving appellant Udai Veer only.
(3.) Prosecution case, in brief, is that on 9.7.1982 Sohan Singh (PW-3) younger brother of complainant Mangey Ram (PW-2) was irrigating his agriculture field from tubewell. This water started seeping into the agriculture farm of Inder Singh. Sohan Singh picked up some mud from the farm of Inder Singh to block this seepage into his field but this enraged Inder and thereafter he chased Sohan Singh for violent physical attack but Sohan Singh managed to escape towards village abadi.;