ARVIND KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these appeals sprout from a common occurrence. One set of appeals are filed by the accused qua the charges framed on the first occasion. The other set of appeals are filed by the de facto complainant over a trial started in pursuance to the order passed invoking Section 173(8) of the Criminal Procedure Code (CrPC), facilitating further investigation, leading to the addition of ten more accused. No appeal has been filed against the dismissal of the appeal against acquittal and allowing the appeal against convictions qua the first trial. On the appeals filed by the convicted individuals, the de facto complainant filed his application for intervention. We deem it appropriate to deal with them by our common order, on the aforesaid scenario.

(2.) The prime accused, by name Surjaram had a dispute with the deceased over a pathway. The said pathway opens and runs through the lands of the deceased and some other prosecution witnesses on the way to his dhani. The lands of the deceased and the pathway which is claimed by Surjaram as that of his own, are surrounded by the lands of the latter.

(3.) In view of the dispute aforesaid, Surjaram obtained an order of stay in the revision petition filed by him. He had put up an obstruction by way of a wall blocking the entry of the deceased and others into their dhani and lands. Surjaram was also stated to have approached the local police. An effort was made to resolve the dispute through panchayat on the date of the occurrence.