- (1.) M. M. Lal, J. These two appeals have been filed against a judgment and order dated 29th September, 1978 passed by Sri U. D. Shukla, the then III Addl. Sessions Judge, Varanasi, by which he has convicted the above named three appellants under Section 30234, IPC and has sentenced each of them to undergo imprisonment for life.
(2.) INDRA Deo Misra and Virendra Misra appellants are real brothers. They are sons of Jagesar Misra, Chhabinath Misra is the real brother of Jagesar Misra, Chhabinath Misra have no male issue. Lalji Yadav appellant is said to be the companion of the remaining two appellants. Vishwanath deceased and P. W. I Barhi informant were real brothers. They had taken agricultural land of aforesaid Chhabinath Misra on 'batai' and were thus cultivating the said land. According to the case of the prosecution, on 21-11-1977 at about noon P. W. I Barhi informant was irrigating the aforesaid field which had been taken on 'batai' from Chhabinath Misra. Barhi informant was lifting water with the help of 'panbaha' to the said field. Nand Lal and Nagina were also lifting water from the 'garhi' of Nand Lal with the 'don'. Vishwanath deceased was prepar ing 'kiyaris'. After preparing 'kiyaris' Vishwanath deceased sat on a 'lat' (high mend) of the field.
(3.) IT is further the case of the prosecution that on the said date, i. e. 21-11-77 at about 12 in the noon, when Vishwanath deceased was sitting on the 'lat' all the three appellants armed with 'lathis' came there and enquired from Vishwanath deceased as to whose 'bapauti' (inheritance) he was sitting. To the same Vishwanath deceased replied that the said inheritance (property) was that of Chhabinath Misra. On the same all the three appellants struck one 'lathi' blow each on the head of Vishwanath deceased as a result of which he fell down unconscious at the spot. Barhi informant, who was working at a distance of fifteen steps, rushed to the rescue of his brother Vishwanath but the appellants wielded 'lathi' on him. However, Barhi informant protected himself with the help of 'panbaha' which he was carrying, and therefore, escaped hurt. Bikarama and Shyam Karan, who were scrapping gross nearby and Nand Lal and Nagina who were also working nearby, rushed to the place of occurrence. The appel lants then ran away from the place of occurrence. Barhi informant and others rushed Vishwanath to the Dhanapur Hospital, where his injuries were examined. He was then referred to S. S, P. Q. Hospital, Varanasi, where he died on the same day at 6 p. m. '. ,.;