JUDGMENT :

Manoj Misra, J.

1. This appeal is against the judgment and order dated 11.05.1983 passed by Special Judge, Bulandshahr in S.T. No.57 of 1983 whereby, the appellant no.1 (Jangaliya) has been convicted under Section 302 IPC and the appellant no.2 (Shiv Lal) has been convicted under Section 302 IPC read with Section 114 IPC and both have been sentenced to imprisonment for life.

2. The appeal of appellant no.2 (Shiv Lal) was abated vide order dated 27.11.2021 consequent to his death. This appeal therefore survives qua appellant no.1 (Jangaliya).

INTRODUCTORY FACTS

3. On a written report (Ex. Ka-1), dated 25.10.1982, scribed by Sunder Swarup (PW-2), made by Lakhpat Singh (PW-1), son of Nanua (the deceased), the first information report (FIR) was registered at P.S. Shikarpur, District Bulandshahr as Case Crime No.246 of 1982, at 19.00 hours, on 25.10.1982. The allegation in the FIR is that informant’s chak (a consolidated piece of agricultural holding) adjoins the chak of his uncle (Tau -father’s elder brother) Shiv Lal (appellant no.2). Three to four months before, the informant had installed a tube-well. The channel of its flow passed through the chak of his uncle (Shiv Lal). On