JUDGMENT

Arijit Pasayat, J.-Acquittal of the appellant (hereinafter referred to as the accused ) by the trial court was reversed by the High Court by the impugned judgment. Three persons, namely, Akshay Kumar, Anil Kumar and Shiv Kumar faced trial for alleged commission of offence punishable under Sections 302 and 302 read with Section 34 of Indian Penal Code, 1860 (in short the IPC ).

2. Accusations which led to the trial of the accused persons are essentially as follows :

Goverdhan Lal son of Guljari Lal lodged first information report (hereinafter referred to as FIR) on 27.2.1980 at about 4.45 p.m. with the allegation that about 3.00 p.m. on the same date accused Akshay Kumar, Anil Kumar and Shiv Kumar came towards their house. Accused Shiv Kumar was driving a tractor while Akshay Kumar and Anil Kumar were sitting on the trolley of the tractor with double barrel gun in the hands of each of them. They wanted to take the tractor through the land of the complainant. In front of the house and the land of the complainant and his brothers, there is some open land. Gram Pradhan Akshay Kumar wanted to make path (Rasta) over the said land. He filed a case in the Munsif s court about 21-22