VIJAY NARAYAN MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) These two connected appeals are directed against the impugned judgement and order dated 18.7.2007 passed by Additional Sessions Judge, FTC 1, District Bhadoi Gyanpur (Now Sant Ravi Das Nagar) recorded in S.T.No. 416 of 1998, State versus Shobh Nath and others, by which learned trial Judge has convicted all the four appellants herein namely Vijay Narayan Misra, Shobh Nath, Ram Chandra, and Kailash for committing offences u/s 302/149, 147,148, 323/149,324/149 I.P.C. and has sentenced them for life imprisonment with Rs 5000/= fine, 6months RI, 1 year RI, 6months RI, and 1 year RI respectively for all the charges with further direction that in the event of default of payment of fine each one of the appellants shall undergo 6 months further RI and all the implanted sentences of them shall run concurrently.

(2.) Succinctly narrating the prosecution version, as it emerges from the FIR, Ext. Ka-1 and depositions of fact witnesses during the trial, both the factions involved in the incident are the residents of village Kankapur, P.S. Bhadoi district Bhadoi. Rajmani, deceased in the incident was the father of the Hub Narain (PW1/informant) and Yagya Narain (PW2). They have a different genealogy than rest of the persons involved in the incident, who all are the descendants of a common ancestor Mohan. Disclosed pedigree indicates that Mohan had three sons Ram Sumer, Gajadhar and Kamlesh. Ram Sumer also had three sons Kalika, Shiv Nayak and Shiv Bachcha. Rajendra Prasad (one of the injured in the incident from the informant's faction) is the son of Shiv Nayak. Shiv Bachcha had two sons Sarvajeet and Indrajeet. Since Indrajeet was issueless therefore his estate delved upon Sarvajeet who had sold his ancestral house to Rajendra Prasad aforesaid. This was one of the motives for the incident. Gajadhar had two sons Ram Mati and Ram Nihor. Shobh Nath (appellant) and Amar Nath are the sons of Ram Mati whereas Chandra Bali is the son of Ram Nihor. Vijay Narayan (appellant) is the son of Chandra Bali who himself was an accused in the incident but during trial had died. Kamlesh, nephew of Shobh Nath and Chandra Bali accused had a son Dev Raj. Appellant Ram Chandra is the son of Dev Raj and appellant Kailash is the son of appellant Ram Chandra and grandson of Dev Raj. So much is for the relationships of the persons involved in the appeals.

(3.) As mentioned above Sarvajeet s/o Shiva Bachcha had inherited ancestral property of his sibling brother Indrajeet who had died intestate. Sarvajeet aforesaid sold his residential house to Rajendra Prasad (injured from the prosecution side) which cropped up a dispute between Rajendra Prasad and appellants from rival sides as in the sold house Ram Sumer (grandfather of Rajendra) Gajadhar (grandfather of Shobh Nath and Chandra Bali and great grandfather of Vijay Narayan) and Kalika (uncle of Rajendra) each had 1/3 share. Grove No. 163 and plot no. 162 were also bone of contentions between the rival sides. Though it is not very evident but it seems that concerning plot no. 162 an oral family settlement was arrived at between both the sides but the same was never documented.