GYAN SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal filed by Gyan Singh and Man Singh against the judgment of the Additional Sessions Judge, Sikar, dated Oct. 27, 1975, by which each of the two appellants was convicted and sentence as under:- <FRM>JUDGEMENT_28_LAWS(RAJ)4_19811.html</FRM>

(2.) The prosecution case against the appellants was as follows:-

(3.) One Phusa Balai resident of Dher-ka-Bas lodged a verbal report with the Station House Officer, Nechwa, on May 25, 1971 about an, incident of attempt to murder, riot and criminal trespass. It was alleged in the report that Phusa was in possession of his agricultural land situated in the vicinity of Dher-ka-Bas. On May 25, 1971, he had cultivated Bajra and Moong crops therein a few days prior to that date. On May 24, 1971, Pliusa accompanied by his nephew Dana and Dana's wife went to his field and started working therein. At about 2 p. m. Gyan Singh, Man Singh along with Bhim Singh and Sawai Singh co-accused and three more persons entered the field of Phusa and started damaging the crops of Phusa by re-ploughing the field with their tractor. Phusa, thereupon, requested them not to cause damage to his crops. Dana also tried to prevent the appellants and their associates from causing harm to the crops, but at the instigation of Sawai Singh, Gyan Singh and Bhim Singh, Man Singh fired a shot at Phusa and Dana as a result of which both of them received injuries. The other accused persons, who were armed with Jelis and lathis began to beat Phusa and Dana. When Phusa tried to prevent Dana, he was again shot at by Man Singh.