Hon’ble Vinod Prasad, J.—This appeal against acquittal by appellant State is directed against the impugned judgement and order dated 31.10.1981 by 5th Additional Sessions Judge, Meerut, recorded in S.T. No. 39 of 1978, State v. Sri Ram and others, relating to P.S. Pilana, district Meerut, by which learned trial Judge has acquitted all the accused respondents herein namely Radhey Shyam (A1), Sri Ram (A2), Anand (A3) (all sons of Gendey Lal), Mohan Lal (A4), Nidan (A5) and Rajveer (A6) of charges under Sections 302/149 and 307/149 IPC.

2. Rebooting necessary background facts from the prosecution allegations narrated during the investigation and in the trial by the prosecution witnesses it emerges that one Gendey Lal r/o village Budsaini, P.S. Pilana, District Bulandshahr had seven sons Pashupati Nath, Rajendra, Vishwadutt, Krishnadutt, Anand A3, Radhey Shyam A1 and Sri Ram A2. Pashupati Nath had two sons Billu and Tikaram. Sukhiram informant/PW1 is the son of Tikaram. Hari Shankar (deceased),Rishi Ram, Ram Kumar PW5, and Suraj Bali (F/O injured Jagmohan PW2) all were Ss’/o Sukhiram and were real sibling brothers. They also had three sisters, with Shakuntala being the youngest and she was married 1 ½ years prior to the present incident of murder. Thus PW1, 2,5 and deceased Hari Shankar, all belonged to the family of Sukhiram who was their common ancestor.

3. Similarly Tota Ram and Sundar Lal, both residents of adjoining village Madanat Nagar under the same police station and district were real sibling brothers. A4 is the son of Tota Ram, whereas A5 and A6 are the sons of Sundar Lal and they were real and cousin brothers.

4. It further transpires that Pashupati Nath alongwith his family had shifted to Modi Nagar since last 7/8 years and there his sons and daughters were educated. Because of shifting of Pashupati Nath his estate was grabbed by his sibling brothers and they were not ready to part it away with Billu S/O Pashupati Nath, who had a rightful claim of inheritance over 1/21st portion of that estate. Billu had come to reside in village Budsaini since last a year of the present incident. This partition dispute and lust for immovable property was the apple of discord between uncles and nephew. Causa causans of the current incident had occurred some 15-20 days prior, when A1 and A2 had assaulted Billu and had thrown him out of the family property regarding which a summit was convened at the house of A1 at 10/11 a.m. in which ten or twelve persons including many villagers, informant and A1 had participated. In that summit, because informant and deceased had espoused the cause of Billu, therefore heated exchange of words had ensued between the informant and A1. This had rankled the accused against the informant and the deceased and had further aggravated their already possessed revengeful hostile grouse. However informant had tried to pacify the tension by sending back Billu to his mother and brother at Modi Nagar.

5. On the festive Diwali day 10.11.77, Hari Shankar illuminated his house with electric bulbs and alongwith his nephew Jagmohan(injured) went outside and stood at the terrace/erected platform (Chabutara) of adjoining house of Dipu Bhagat in the south to enjoy the lighting and the pageant to be performed by Billu which was to start at 10 p.m. Witnesses named in the FIR were also present on the said terrace/erected platform (Chabutara) and 5/6 children were displaying fireworks on the brick road in front of the terrace. At that time informant/PW1 and his second son Ram Kumar P.W.5 were lighting terracotta bowl lamps (Deepak) at their terrace (Chabutara), when at 8.30 p.m., motivated by the aforementioned reason all the accused respondents A1 to A6, out of them A2, A4 and A6 gripping revolvers in their hands and rest of the three empty handed arrived from the south in front of terrace of Deepu Bhagat. A1 and A3 accosted Hari Shankar(deceased) and Jagmohan (injured) to teach them a lesson and bear the consequences