U.S.TRIPATHI
DAMBAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent
( 1 ) THIS revision has been directed against the order dated 19-11-1990 passed by Special Judge (Dacoity Affected Area), Agra in Sessions Trial No. 195 of 1985 discharging opposite parties Nos. 2 to 9 of the charges under Sections 395, 397, 307, 302, 324, 147, 148, 149, I. P. C. and framing charges only under Sections 307 and 324, I. P. C. against opposite parties Nos. 10 and 11.
( 2 ) THE fact of the case giving rise to this revision, briefly stated, was that Pancham Singh, father of applicant Dambar Singh and Jorawar Singh, father of opposite party Kamod Singh, were real brothers. They had another brother Amiri Singh. Jorawar Singh, father of opposite party Kamod Singh died in the year 1961. Thereafter, Amiri Singh died issueless in the year 1973. Property of Amiri Singh was inherited by Pancham Singh, father of applicant Dambar Singh being real brother of Amiri Singh as his other brother Jorawar Singh father of Kamod Singh died prior to him. Kamod Singh also claimed half share in the property of Amiri Singh. Since Dambar Singh was not ready to give him above share, opposite party Kamod Singh filed Civil Suit No. 280 of 1982 in the Court of Munsif, Fatehabad. I
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