PRABHULAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIELD bearing old Khasra No. 1205 and new Khasra No. 982 is bone of contention between complainant party and the accused appellants. Site plan (Ex. P.24) prepared by the investigating agency depict that occurrence took place in field, old Khasra No. 1205 and new Khasra No. 982. Investigating Officer, Narendra Singh (P.W.21) in cross -examination admitted to be correct that the place where occurrence took place was having old Khasra No. 1205 and new Khasra No. 982. He also admitted that this field as per revenue record was in joint Khatedari of Kanha, Prabhu and accused Shankarlal. He further stated that he had made Jamabandi part of the record during investigation. Investigating Officer admitted that over this field there was a dispute and possession was of the complainant party. Investigating Officer further admitted that accused had filed a suit for injunction praying that the complainant party be restrained not to interfere in possession of the accused and the said suit was decreed. Therefore, before we proceed with the case, we shall reproduce following portion of cross -examination of the Investigating Officer Narendra Singh (P.W.21): - -

(2.) TO assert possession over the field over which both the parties were having dispute, on the intervening night of 8th and 9th November, 2006 at 3.00 AM a fight took place between the parties. Accused party became better of the complainant party and in the occurrence Laxman son of Chauthmal (P.W.1) and Khatmal @ Gajanand nephew of Chauthmal (P.W.1) died. Chauthmal (P.W.1) and Shanti (P.W.12) wife of Laxman deceased also suffered injuries. In the occurrence four accused, namely Kajod, Shankarlal, Hajari and Rajaram had also suffered injuries. It will be pertinent to mention here that Kajod, Shankar and Hajari had also suffered an injury each on their head also out of number of injuries suffered by them. On the Parcha Bayana (Ex. D.1) of Chauthmal (P.W.1) recorded by Narendra Singh (P.W.21) who was then posted as SHO, eight persons namely Prabhulal, Kajod, Kalu, Shankarlal, Nathulal, Hajari @ Foriya, Rajaram and Mahaveer were sent for trial for having caused murder of Laxman, Khatmal @ Gajanand and for causing injuries to Chauthmal (P.W.1) and Shanti (P.W.12). The Court of Additional Sessions Judge (Fast Track) No. 1, Tonk who tried all the eight persons acquitted Kalu S/o. Kanha, Nathulal S/o. Laxmi Narain and Mahaveer S/o. Sheoji Ram, but held Prabhulal S/o. Gopi, Kajod S/o. Kanha, Shankarlal S/o. Gopilal, Hajari @ Foriya S/o. Kanha and Rajaram S/o. Prabhulal guilty of offences under Section 302, 302 r.w. 149, 325, 325 r.w. 149, 323, 323 r.w. 149 and Section 147 IPC. Having convicted the accused -appellants of the above offences, the trial Judge sentenced them as under: - -

(3.) AGGRIEVED against their conviction and sentence, accused have preferred two separate appeals. Prabhulal, Shankarlal and Rajaram have preferred D.B. Criminal Appeal No. 453/2008, whereas Kajod and his brother Hajari @ Foriya have instituted D.B. Criminal Appeal No. 879/2008. In both the appeals, five accused -appellants have questioned their conviction and have prayed that the sentence awarded be set aside and they be acquitted of the charges.