Judgment

UNTWALIA, J. - This is an appeal under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 by four persons. After setting aside the order of acquittal recorded in their favour by the trial Court, the Allahabad High Court has convicted them under the various sections of the Penal Code.

2. There is a field bearing plot No. 271 known as Patiawala field in village Gudera in the District of Farrukhabad. In relation to this field there was a dispute between appellant Mathura Singh and Ram Lal the person killed in the occurrence in question. Appellants Birpal Singh Kunendrapal Singh and Suraj Pal Singh are sons of Mathura Singh. Mathura Singh had filed a declaratory suit on 13-6-1968 under Section 229-B of the U. P. Zamindar Abolition Act impleading Ram Lal and others as defendants in that suit. During the pendency of the said suit, however, a proceeding under Section 145 of the Code of Criminal Procedure, 1898 was eventually decided in favour of Ram Lal on 13-8-1969. He was declared to be in possession of the plot and continued to be so thereafter. On the morning of 10-4-1970 Ram Lal and his sons went to that field to harvest the crop. The appellants wanted to obstruct them from doing so. On the intervention of certain persons, the appellants left the spot with a threat that they would kill Ram Lal and his sons and would take away the crop from the Khalyan. The harvesting was, however, completed by Ram Lal on the 10th of April and the crops were stored in the fields of P. W. Prahlad and others .

3. The prosecution case further was that on the 11th of April, 1970 Ram Lal and his sons went to the Khalyan and started the thrashing of the harvested crop. One of the sons of Ram Lal named Ram Bharosey went to Amritpur Out Post and lodged a report at about 11.00 A. M. on the 11th of April regarding the incident which occurred on the 10th April. He returned to the Khalyan after lodging the report. At about 12.30 P. M. the appellants in the company of four others - one of whom was Sheo Mangal Singh formed an unlawful assembly and came with a bullock-cart to the Khalyan of Ram Lal. Mathura Singh is said to be carrying a spear. Appellants Birpal Singh and Kunendrapal Singh as also Sheo Mangal Singh (since acquitted) were carrying guns. The story of the main occurrence is that appellant Suraj Pal Singh took the gun of Sheo Mangal Singh and aimed it at Ram Lal whereupon he raised his left arm. Thereafter, he fired a shot causing injury on the outer side of the left arm. Appellant Birpal Singh fired another shot on the chest of Ram Lal, the injury caused by which proved to be fatal. Appellant Kunendrapal Singh is said to have fired the gun which he was carrying on P. W. Ram Chander (son of Ram Lal) and P. W. Prahlad causing injuries to them. The other members of the mob are said to be carrying lathis. All the 8 persons were put on trial for having committed various offences under Section 302, Section 302/34, Section 307, S. 307/34, Section 147 and Section 148 of the Penal Code. Finding very many discrepancies and improbabilities in the prosecution case, the trial Judge doubted the whole case and acquitted all the accused. The State preferred an appeal before the High Court which was allowed against the four appellants but dismissed against the other four. Appellant Birpal Singh has been convicted under Section 302 simpliciter and sentenced to undergo imprisonment for life. Each of the three other appellants has been given life imprisonment with the aid of Section 34 for causing the death of Ram Lal. Appellant Kunendrapal Singh has been awarded a sentence of rigorous imprisonment for 5 years under Section 307. Section 34 has been applied in relation to this count in case of the other appellants. Since the acquittal of the other four was maintained by the High Court, no conviction could be recorded against any of the appellants under Sec. 147 or Sec. 148 of the Penal Code.

4. We are of the opinion that the convic