RAMNIWAS AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated, July 14, 1976, of the Sessions Judge, Merta City, convicting the appellants, Ramniwas, Ramchand, and Gang Deo, under sections 324, 323 and 325 I.P.C. respectively, and sentencing them to rigorous imprisonment for one year, six months and two years, respectively.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellants as aforementioned is that on June 17, 1974, they along with their other companions, six in number, attacked a number of other villagers and caused hurt to as many as six of them. 7116 trial court acquitted the six co-accused on the ground that there was no satisfactory evidence on the record to prove their participation in the commission of crimes alleged against them. It, however, held that the prosecution had proved its case to the effect that Ramniwas had caused hurt to Hari Singh PW, that Ramchand had caused hurt to PWs. Kana Ram, Bhanwaru and Shanker, and that Gang Deo had caused grievous hurt to Shanker and simple hurt to Bhanwaru and Kana Ram. It was on the basis of these findings that the aforementioned order of conviction and sentence was passed against the appellants.

(3.) After hearing learned counsel for the appellants and the Public Prosecutor for the State, I find that the order of conviction and sentence passed against the appellants cannot possibly be sustained. It is admitted by the prosecution that Chola Ram, I who was one of the accused - persons involved in the present case and who has since been acquitted, and Chola Ram's son, Sukhdeo, had taken wrongful possession of the land comprised in Khasra Nos. 1 and 3 situate in village Nimbola in the year 1971. The document, Ex.D. 11, placed on record on behalf of the appellants proves this act. This document, however, further shows that their possession was subsequently regularised by the competent revenue authorities. Such regularisation is further evident from the fact that the authorities concerned realised land revenue of this land (tom Chola Ram Payment of land revenue by Chola Ram is evidenced by the document, Ex.D/12.