KASHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 04. 02. 2002 in Criminal Appeal No. 826 of 2001 passed by the high Court of judicature for Rajasthan at Jodhpur.

(2.) BRIEF facts, which are necessary to dispose of this appeal are recapitulated as under:-The land measuring 21 bighas is located in village bhinan, Tehsil Taranagar and the ownership of the same was recorded in the name of Smt. Chhoti Devi w/o Budh Singh rajput and after her demise, the land was transferred in the name of Balu Singh.

(3.) AMAR Singh PW4 lodged the first information report. The accused persons were apprehended and on their voluntary disclosure statements, lathis, gandasa and axes were recovered and after usual examination, they were charged under section 302 read with sections 149, 148 and 323 IPC. The accused-appellants in their statements under section 313 of the Code of Criminal Procedure denied all the incriminating evidence and pleaded that they were in possession of the agricultural land and the complainant party wanted to dispossess them forcibly. In the process of protecting the possession of their land, a scuffle between the parties took place. Amar Singh PW4 and Balu Singh from the side of the complainant party received injuries and Gopiram from the side of accused appellants also received injuries.