KESHRA RAM Vs. JODHA RAM

JUDGEMENT

(1.) THESE two matters arise from the same judgment. One is leave to appeal by the State of Rajasthan and other one is revision petition by the complainant, but in both of them, the acquittal of the accused persons -respondents has been challenged. It is not necessary to mention, in details, the facts of the case because, it is admitted that the dispute relates to an agricultural land and both the parties sustained injuries. It is also common ground that main bone of the dispute was regarding possession of the agricultural dispute was regarding possession of the agricultural land. Jodharam claimed the adoption to Gangaram s/o Lachhi and the deceased who was a supporter of Lachhi is said to be hired labour called for cultivation.

(2.) THE trial court, after a detailed discussion of the entire evidence produced in the case, in para 24 and 25, summed up that from the evidence of the Sarpanch and the Patwari coupled with mutation order, it is proved on record that the disputed land was in possession of Jodharam accused -party.

(3.) IT has been held in Mana vs. State of Rajasthan (1) that the right of the private defence and property has been respected during all ages under all laws including ancient law of India. So much so that according to our ancient text of Vyavshara Mayukhs of Neelkantha and Manu's dictum was that one may certainly kill without hesitation a man who comes upon him as an Atatayin whether he be a teacher or a child or an old man or a learned Brahamana.