STATE OF RAJASTHAN Vs. SHIV SINGH

JUDGEMENT

(1.) BOTH the above mentioned appeals pertain to a matter arising out of FIR No. 244/1977 dated 30-10-1977 Ex. P-2 lodged at the instance of Mangal Singh S/o Nanda at Police Station Badi, Distt. Bharatpur.

(2.) THE case was registered against five persons namely Malkhey Singh and his four sons Raghuwar Dayal, Tara Singh, Ram Ratan and Shiv Singh. Out of whom only Shiv Singh and Tara Singh are alive and the other three i.e. Malkhey Singh, Raghuwar Dayal and Ram Ratan have expired during the pendency of these appeals and State appeal filed against them stood abated.

(3.) BRIEF facts of the case as mentioned in Ex. P/2 are that on 30-10-1977, at about 7.30 a.m., Ram Singh deceased, the brother of complainant Mangal Singh, was ploughing the field known as 'Markhation Wala Khet' which is adjacent to accused Malkhey's field and that a dispute between him and the accused Malkhey had been going on for a long time with regard to the 'Med' between their two fields.