R. K. CHOWDHARY, J.

( 1 ) THIS is an appeal by three men, Badshah Singh, Khunni Stngh and Kunwar Singh, against the judgment and order of the learned Additional Sessions Judge of Shahjahanpur. He convicted and sentenced Badshah Singh to seven years R. I. and a fine of Rs. 200/-, or further rigorous imprisonment for one year in default of payment of fine, under Section 307, I. P. C. , Khunni singh to one years R. I, and Rs. 50/- fine, or further rigorous imprisonment for three months in default of payment of fine, under Section 323, I. P. C. , and Kunwar Singh to six months R. I under Sections 323/109, I. P. C. Khunni Singh and Kunwar Singh are uncles of Badshah Singh. One other tried along with the appellant, Munshi Singh, was acquitted mainly on the ground that the two main witnesses in this case were inimical to him.

( 2 ) THE prosecution of the appellants was based upon an incident which, it is common. ground, did take place at about 8 a. m. on 12-8-1954 in a plot of land outside village Areli within police station Nigohi in the district of Shahjahanpur. It is common ground that Dular P. W. 1 and his nephew Raja Ram P. W. 3 were ploughing the field when the appellant Badshah Sin

Click Here to Read the rest of this document