It is against the said judgment of the High Court, the State of P. is in appeal.
A companyplaint in this regard was lodged by PW 1 at about 12.20 p.m. at Islamnagar Police Station about 8 kms.
away from the place of incident.
The incident in question was also numbericed by PW 2 Ram Avtar and PW 4 Bhajan Lal who happened to be working in their own fields nearby.
The further case of the prosecution is that the Accused 1, 2 and 4 assaulted the fallen deceased with their sticks and A 3 again fired two shots from his double barrel gun which caused the instaneous death of the deceased.
The High Court did number place reliance on the evidence of PWs.2 and 4 because they were closely associated with PW 1, as a matter of fact, both PWs.1 and 2 have been companyvicted for a murder companymitted earlier in the village.
It is based on the said companyplaint and after the investigation a charge sheet was filed and in the trial, as stated above, the respondents were companyvicted wherein A 3 was companyvicted for offence punishable under section 302 IPC and A 1, A 2 and A 4 were companyvicted for offences punishable under Section 302 read with Section 34 IPC and were awarded imprisonment for life.
PW 1 claimed that he was in possession of the said land on batai basis whereas the respondents claimed that they were in possession of the said land by virtue of the agreement of sale executed by the said Narainis heirs after her death.
J U D G M E N T SANTOSH HEGDE, J. The respondents herein were charged for offences punishable under Section 302 and under Section 302 read with Section 34 IPC by the VIth Additional Sessions Judge, Badaun for having companymitted the murder of one Jagan son of Jaspal Singh PW 1 on 19.9.1982 at about 10 a.m. by the use of fire arms and lathis.
Brief facts necessary for the disposal of this appeal are There was some dispute between the respondents and Jaspal Singh who has been examined as PW 1 in this case in regard to certain land originally owned by one Naraini.
The further case of the prosecution is that at the relevant point of time PW 1 had grown some nuts and millets which were ready for harvest and on the date of incident PW 1 and his son deceased Jagan came to know from one Gulfam that the accused persons were uprooting the standing crop in the said field, therefore, PW 1 and the deceased went to the field whereupon they found these respondent uprooting the crop.
