SHRI RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 6.6.1984 by the learned Additional Sessions Judge, No.2, Alwar.

(2.) According to the prosecution story. RW. 1 Manphool Gujar r/o village Dhokri on 10.9.1982 at 10.45 AM lodged the first information report Ex.P/1 at Police Station Sadar Alwar. According to the FIR, the complainant was the owner of agricultural field bearing Khasra No. 189 and on that day, at about 7-8 AM accused Siriya Alias Shriram started to cultivate in the said field of the complainant. It is not in dispute that the accused-persons are the owners of the adjoining field bearing Khasra No. 184 and there was previous dispute between the parties and each complained that the other side has encroached upon their field. When the complainant Manphool raised objection, it is alleged that accused-persons attacked and caused injuries to Shriram, Manphool, Ramswaroop, Patram and Hari. A case under Sec. 147, 148, 149,447 and 323, Penal Code was registered and challan was filed under Sec. 147, 148, 149, 323, 324, 325 and 307 IPC.

(3.) Roopa was charged under Sec. 148, 447, 324, 307 and 307/149, Penal Code and rest nine accused-persons were charged under Sec. 147, 323, 447, 307, and 307/149, IPC.