Ramesh Sinha, J. - (1.) The present appeal has been filed by three appellants out of which appellant no. 1 Durga Mishra son of Jagdeo and appellant no. 2 Madan Singh son of Jangi Singh died during the pendency of appeal and the appeal on their behalf has already been ordered to be abated by this Court vide order dated 19.7.2016 and the present appeal survives with respect to appellant no. 3 Jata Shanker Pandey only, hence the Court proceeds to adjudicate the aforesaid appeal with respect to the said appellant, namely, Jata Shanker Pandey.
(2.) The present appeal has been preferred against the judgment and order dated 30.6.1983 passed by VII Additional Sessions Judge, Deoria in Session Trial No. 15 of 1982 convicting and sentencing the appellant under sections 302/34 I.P.C. to imprisonment for life and under section 201 I.P.C. to three years rigorous imprisonment. All the sentences were ordered to run concurrently.
(3.) The prosecution case in brief is that accused Jata Shanker Pandey is the nephew (Bhanja) of accused Durga Mishra and accused Radhey Shyam is the nephew (Bhatija) of Durga Mishra. The accused Jata Shanker Pandey and Rajendra Pathak are the friends of accused Madan Singh. The accused Madan Singh along with accused Jata Shanker Pandey used to come to the house of accused Durga Mishra in village Kathwalia prior to the incident. The deceased Vidhya was the cousin of accused Madan Singh. The parents of the deceased Vidhya had expired and his elder brother has left the house as he became maniac. The deceased Vidhya left all alone in his family. The agricultural land of accused Madan Singh and the deceased Vidhya were in partnership. The motive which has been suggested for the crime by the prosecution is that the deceased Vidhya had got his agricultural land partitioned from accused Madan Singh. Thereafter, he himself started ploughing his agricultural land after giving some part of it on Batai to one Raghunath Dhobi. The accused Madan Singh wanted that the agricultural land of deceased Vidhya be remained with him, hence in order to grab the said land, he conspired the murder of the deceased Vidhya.;