- (1.) K. S. Rakhra, J. This is an appeal under section 374 (2) Cr. P. C. against the judgment and order dated 15. 6. 1983 passed by the Sessions Judge, Aligarh in Session Trial No. 94 of 1982 State v. Mangalsen and others whereby the appellants have been convicted under section, 148 I PC and sentenced to three years' rigorous imprisonment, and under section 302/149 IPC and sentenced to life imprisonment.
(2.) OUT of five appellants one Mangalsen alias Manga has expired during the pendency of appeal. Therefore, his appeal has abated vide order dated 21. 11. 2007. OUT of remaining appellants, Om Prakash alias O. P. and Munna are sons of Mangalsen while Chandrapal and Murari Lal are sons of Kishan Lal. The incident relates to murder of Mohan Lal son of Netrapal who was pulled down from a Lehra (Tanga) and was done to death on 31. 12. 1981 at 10 a. m. near village Naya Gaon of police station Sasani of district Aligarh. The prosecution claims that there was old enmity between Netrapal and the appellants. One Raj Bahadur who was murdered about two years ago was brother of appellants Chandrapal and Murari Laol. The informant Netrapal P. W. 2 his son Mohan Lal (deceased) brother Babu Lal, and his son Gandhi Prasad were charged for said murder and their trial was pending.
(3.) EARLIER Babu Lal aforesaid had instituted a title suit with regard to some land which he claimed to have obtained through a "will" of his 'khandani' brother Kishan Lal. The said suit was against Raj Bahadur and Nanga who were claiming title to the disputed land through a sale deed executed in their favour by Ram Pyari sister of Kishan Lal. Nanga and appellant Mangalsen alias Manga are real brothers being sons of Than Singh but lateron Mangalsen alias Manga was adopted by Raghupati as his son about 35 years ago. Mohan Lal is said to have been killed by the present appellants on account of the aforesaid enmity. The informant Netrapal P. W. 2 has described the appellants to be of one party.;