A. N. Dikshita, J. - (1.) THE State of U. P. has filed this appeal against the judgment and order dated 5-12-1977 passed by Sri R. P. Jain, Sessions Judge, Etawah, acquitting Subhash Chand of the charges under sections 148 and 302 IPC and acquitting Dinesh Chand, Prabhash Chand, Sarvesh Chand, Piare Lal, Keshav Ram and Ram Autar of the charges under sections 14/ and 302 read with section 149 IPC.
(2.) THE appeal was admitted in so far as Dinesh Chand, Subhash Chand and Prabhash Chand were concerned but it was dismissed with respect to Sarvesh Chand, Piare Lal, Keshav Ram and Ram Autar. The prosecution story in brief is as follows : The respondents and the other co-accused are residents of village Naugaon, P. S. Dibiapur, Etawah. appellant Dinesh Chand is an old Zamindar of the district and is also Pradhan of the village. He is also Manager of a college in Kanchausi Bazar. Dinesh Chand and Sarvesh accused are cousins while Subhash Chand and Prabhash Chand are brothers and are nephews of Dinesh Chand appellant. Co-accused Piare Lal is the father of Keshav accused. Ram Autar accused is a relation of Dinesh Chand while Pyare Lal and Keshav accused are his helpers. Admittedly Dinesh Chand was the Zamindar of present plot no. 820 corresponding with old plot no. 672. However, during the consolidation proceedings the plot went to one Chhotey Lal who executed a saledeed in favour of Smt. Mithani and she in turn sold it to Ram Autar Potter. This plot was sold by Ram Autar Potter in favour of Ram Autar son of Raja Ram (who is PW 1 in this case). The name of Ram Autar was mutated in the revenue records
(3.) ON the south eastern corner of this plot was a mango tree. Dinesh Chand, however, started claiming ownership of this tree. The respondents Dinesh Chand, Subhash Chand and Prabhash as well as the acquitted accused Sarvesh, Pyare Lal, Keshav Ram and Ram Autar except Pyare Lal and Keshav, are Brahmins. Babu Ram, deceased, was the uncle of Ram Autar, PW 1. They are Dhanuks;