Judgment

DUA, J.:- In this appeal by special leave, Lekha Yadav appellant challenges his conviction by the High Court under S. 302, I.P.C. for the murder of co-villager, Ramautar Mishra as per judgment and order dated October 9, 1960 after reversing his acquittal by the court of Third Additional Sessions Judge, Patna by its order dated October 12, 1966. In the trial court, there were nine accused persons including the appellant and the charge against the appellant was under Ss. 148 and 302, I.P.C whereas against the remaining accused persons, the charge was framed under Sections 302/149, I.P C. Ram Pravash Singh, Suresh Yadav and Budhu Yadav three out of the other 8 accused persons were further charged under S. 147, I.P.C. whereas the remaining five were charged under S. 148, I.P.C.

2. The prosecution case broadly stated is that in village Supanchak in the jurisdiction of police station Fatwah there is some Raiyati land belonging to the family of Sheonandan Mishra. Surjug Mishra. Kamalnain Mishra, Ramasis Mishra and the deceased Ramautar Mishra, bearing plot No. 60 with an area of 9 decimals. Adjacent towards east of this plot is plot No 50 with an area of 89 decimals which is Gairma