JAI DEV AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THE five appellants Jai Dev, Dhanpat Singh, Hari Singh, Sajjan Singh and Yudhvir Singh are brothers and alongwith their co -accused Basti Ram, another brother, and Parbhati, were tried for the offences of rioting, causing of grievous hart and murder by the learned Additional Sessions Judge of Gurgaon. Basti Ram and Parbhati have been acquitted but the five appellants have been found guilty of the various charges framed against them. Each of the five convicts has been sentenced to: -

(2.) THE incident involving the deaths of as many as seven persons, one from the side of the appellants (Ram Pat, brother of the appellants) and six from the opposite side (Hukma, Jai Narain, Jai Dev, Amin Lal, Mst. Sagarli and Mst. Dil Kaur) and injuries to nine persons (three from the side of the appellants and the others of the opposite side) took place in khasra No. 388 in Mauza Ahrod known as 'Inamwala field' at 10 -30 A.M. on 14th of September, 1960 The occurrence was a culmination of a battle for possession of land between the appellants who are admittedly its owners and the party of the complainants who claiming to be in possession resisted the efforts of the owners to plough it. As the decision of this case must turn largely on the question whether or not the appellants were in possession of the 'Inamwala land' it would be of advantage to have a clear picture of the situation as it emerged after litigation in civil, Criminal and revenue Courts.

(3.) ACCORDING to the evidence of Patwari Lakshmi Chand, P.W. 36 and Dalip Singh Girdawar D.W. 3, the possession of 56 bighas and 6 biswas of land in the Inamwala field was delivered to Basti Ram and his brothers on 23rd of December, 1959. The place of occurrence, as deposed by Lakshmi Chand, and according to the plan Exhibit P.A.B., fall's inside the boundary of the area of which possession was given on 23rd of December, 1959. This witness also proved entries in the khasra girda -waries (Exhibit C.C). The girdawari for Rabi harvest of 1960 was made in the month of March. 1961, and the record shows that 56 bighas and 6 biswas on land is entered in the name of Basti Ram and others. The possession of the remaining 15 bigas is still shown in the names of Amin Lal, Charanji Lal, Jug Lal and Duli Chand as tenants -at -will. For the Kharif harvest of l959, the possession over the Inamwala field is shown as that of Amin Lal, Charanji Lal, Jug Lal and Duli Chand as tenants -at -will holding possession by force. It may also be mentioned that in the earlier khasra girdawaris, portions of crops are sometimes shown as 'kharaba'.