NAND LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by seven accused person who have been convicted and sentenced along with others, who had been given the benefit of probation of Offenders Act.

(2.) Brief facts, giving rise to the appeal are that a report was lodged at Police Station Tijara on 2-8-80 by one Mamchand alleging that he had purchased a piece of plot on 29-7-80 from Shiv Charan for a consideration of Rs. 5,000.00. The accused-appellants did not cherish this deed and tried to take forceable possession of the land by show off and as such on the date of occurrence at late night, they came armed with lathis and inflicted injuries on his head. Mukhram and Ratan Lal came to his rescue but they were also beaten. On receipt of the report, case was registered for offence under Sec. 147, 148, 149, 324 and 323 Penal Code and investigation commenced. The case was transferred to the Court of Additional Sessions Judge, Kishangarh as the cross-case arising out of the same incident was triable by sessions. Prosecution examined 13 witnesses in support of its case and accused also exhibited certain documents in defence. The learned trial Court convicted and sentenced the accused appellants as under:- <FRM>JUDGEMENT_99_LAWS(RAJ)2_19911.html</FRM>

(3.) The specific case of accused-persons at trial was that the complainant party is an aggressor and they gave beating to the accused petitioners. In application was also filed to that effect on behalf of the accused-petitioners that they had also sustained injuries. The injuries sustained by them have not been explained by the complainant party.