LAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners were convicted by the Munsif and Judicial Magistrate, Kishangarhbas for various offences and their conviction has been maintained by Additional Sessions Judge, Kishangarhbas. Against this, they have preferred this revision.

(2.) THE dispute in the case revolves around Khasra No. 261 (old) in village Sheelpatta. This land originally belonged to one Bhuri Singh and it is alleged that he executed an agreement to sale in favour of the accused petitioners in or about the year 1970. However, he sold this land to the complainant party in the year 1972 by a registered sale deed. Thereafter, dispute arose between the parties and proceedings Under Section 145 Cr. PC were taken and/suit was filed before Assistant Collector and Executive Magistrate Kishangarhbas also from where the petitioners could not get a stay order in their favour.

(3.) THE learned Counsel for the petitioners has contended that the land in dispute was in their possession and they were cultivating it as possession was handed over by Bhuri Singh after execution of the agreement for sale and they acted in self - defence of person and property when the other party came to attack and obstruct them. It has been pointed out that three persons on the side of accused received injuries. Besides, the right of private defence, it has been contended that the petitioners have suffered a long trial and that the petitioner No. 1, Lal singh is a teacher in Government service and his carrier will be effected by this case.