JUDGMENT

P. Sathasivam, J.-

This appeal has been preferred against the final judgment and order dated 13.01.2006 passed by the High Court of Judicature at Allahabad in Government Appeal No. 159 of 1981 whereby the Division Bench of the High Court allowed the appeal filed by the State and set aside the order of acquittal of accused persons dated 08.09.1980 passed by the First Additional Sessions Judge, Etawah in Sessions Trial No. 77 of 1979.

2. The facts and circumstances giving rise to this appeal are as under:

(a) Moolu Singh and Kunji were real brothers. Prayag Singh, Pahunchi Lal and Lalta Prasad were sons of Moolu Singh. Badan Singh and Gaya Prasad were sons of Kunji. Ratan Singh is the son of Prayag Singh and Nathu Ram and Rajendra Singh were sons of Pahunchi Lal. Jaswant Singh was the son of Badan Singh and Ujagar Singh was the son of Gaya Prasad.

(b) On 21.12.1978, at about 9.00 a.m. one Nathu Ram-the Complainant and his father Pahunchi Lal were ploughing their field situated at Har Balapur P.S. Bharthana. At that time, the Complainant’s uncle - Gaya Prasad along with his son Ujagar Singh were sowing their field which was nearer to the field of the Complainant. At some dis