BALBIR Vs. VAZIR

JUDGEMENT

(1.) These appeals arise out of a common judgment and order dated 23/1/2004 passed by the Rajasthan High Court in D.B. Murder Reference No. 1 of 2002, D.B. Criminal Appeal No. 781 of 2002, D.B. Criminal Appeal No. 718 of 2002 and D.B. Criminal Appeal No. 105 of 2003. Criminal Appeals No. 1535-1538 of 2004 are filed by PW-4 Balbir and Criminal Appeal Nos. 1539, 1540 and 1541 of 2004 are filed by the State of Rajasthan against the acquittal of the accused. Since these appeals arise out of the same judgment they are being disposed of by this common judgment.

(2.) Deceased Krishna Gir (also referred to as 'Krishna Gir') was the Head Priest of 'Balakdera Ashram' situated at Hissar in Haryana. Krishna Gir was also having ultimate supervision and control over other Ashrams associated with this Ashram. Baba Lal Gir Ashram at village Rampura in Rajasthan where the incident occurred was also one of such Ashrams which was under the supervision and control of 'Balakdera Ashram'. Amongst others, one Pokhar-Khedi Ashram situated at village Pokhar-Khedi in Jind District of Haryana and its Priest were also under the control and supervision of 'Balakdera Ashram'. Pokhar-Khedi Ashram had about 100 acres of land. In the past, it was managed by its Priest Mangeram. Priest Mangeram transferred that land in the names of his nephew Joragir and other members of his family. He also executed a Will in respect of the said land. When this fact came to the knowledge of Krishna Gir through the villagers of Pokhar-Khedi, he filed a civil suit for cancellation of the transfer of said land made by Priest Mangeram. The civil suit was decreed in favour of Krishna Gir. The decree was maintained by the Punjab and Haryana High Court as well as by the Supreme Court. During the pendency of the said litigation, Priest Mangeram died. Joragir, the nephew of Priest Mangeram, claimed to be his successor but he was not allowed to take charge. Subsequently, Krishna Gir was appointed as Priest of Pokhar-Khedi Ashram. Krishna Gir recovered the possession of the land of Pokhar-Khedi Ashram in execution of the decree. Because of this dispute there was enmity between Krishna Gir and the accused. An attempt was made on the life of Krishna Gir in Jind Court premises. The accused party tried to regain possession of the land. In that dispute one child died.

(3.) FIR relating to the incident: