STATE OF RAJASTHAN Vs. RAMSWAROOP

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 20th December, 1974; passed by the Sessions Judge, Alwar, by which, the respondent accused persons have been acquitted ; of the offences under Sections 147, 148, 302, 325 and 149, IPC.

(2.) ACCORDING to the prosecution, a report was lodged on 7th October, 1973, by one Mamchand, at about 12.30 P.M. at Police Station -Kot -kasim, District -Alwar, to the effect that in village -Hazipur, fields I bearing Khasra Nos. 203 and 208 were owned by real brothers Govinda and Mohan. Both the brothers had equal shares in those lands. One of the brothers, Govinda was fraudulently induced to transfer the land in favour of one of the accused, namely, Kishanlai and possession was also purported to have been given to purchaser. A sale deed was also executed with regard to this property. It is alleged that the lands of both these khasras were in their possession a id they were cultivating it, Under the colour of this purchase, all the accused persons, namely, Bhoopsingh, Kiihinlal, Ramnaraio, Rajaram, Ramswaroop, Sulan, Hanaram and SheoUl reached the said fields on the morning of 7th October 1973 and stated plough mg the same. At this, Mohan, who is the real brother of Govinda, went to them and told that they could not plough the land of his share. At this, the accused persons wanted to beat him (Mohan). So, he ran away and came to Mamchand, his nephew. Mohan asked Mamchand to accompany him to the fields, to get the actual partition effecicu as regaids his share in the said lands. At this, Mamchand and one Prabhu came to the fields along with Mohan to effect the actual partition. vVhen they reached there, the accused persons attacked them with lathis and Farsis. Mohan ran away from there. Mst. Manohawti sister of Mamchand; Mst. Santra wife of Mamchand; and Isbwar son of Mamchand's sister reached there and tried to rescue Mamchand and Prabhu The accused persons gave beating to these persons also, as a result of which, they sustained injuries. On hearing the cry, Hansram, Sriram and Prabhati also reached the scene of occurrence and intervened. Mamchand and Prabhu had sustained injuries. On this report, a case under Sections 147, 148 and 447, IPC, was registered against the accused persons, Mamchand, Mst. Santra and Mst. Manbhawti were got medically examined. Prabhu later on died in the General Hospital, Alwar, on account of the injuries received by him. The police then investigated into the matter.

(3.) TO prove its case, the prosecution examined 17 witnesses. The accused persons in their defence, also examined 7 witnesses.