RAM GOPAL & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the accusedappellants under Section 374, Cr.P.C. against the judgment passed by the Addl. Sessions Judge, Nagaur (Camp Deedwana) dated 30.11.1988 passed in Sessions Case No.65/1987, by which, learned trial Court convicted both the accused-appellants for offence under Section 302, read with Section 34, I.P.C. and sentenced each to undergo life imprisonment and pay fine of Rs.100/-, in default of payment of fine, to further undergo 7 days' simple imprisonment. The trial Court further convicted both the appellants for offence under Section 447, I.P.C. and passed sentence of 1 month's rigorous imprisonment and ordered that both the substantive sentences shall run concurrently.

(2.) As per facts of the case, a first information report was lodged by Kanhaiya Lal Patwari, P.W.-5 on 08.08.1986 at Police Station Jaswantgarh at about 3.15 P.M., in which, it is alleged that khasra No.192 is situated at village Mithari, in which, khatedari land of one Madan Lal is situated and Kanhaiya Lal was having general power of attorney in his favour under which he was in possession and cultivating the said land.

(3.) The informant further alleged that one Ram Singh was deputed by him as Chowkidar to look after and take care of the crop and land. According to the complainant, in the western side of khasra No.192, khasra No.191 is situated which is khatedari land of one Hari Prasad and complainant was having general power of attorney for and on his behalf also, however, the said land was in possession of one Ghanshyam Brahmin and his family members as trespassers; meaning thereby, some dispute took place with regard to land in question for which some cases were also going on in between the first informant Kanhaiya Lal and Ghanshyam Brahmin.