SENS KARAN & ORS. Vs. STATE OF RAJ.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.3.1992 passed by the learned Addl. Sessions Judge, Raisinghnagar whereby accused-appellant Nihal Chand has been held guilty of the offence under S. 302 Penal Code and accused-appellants Sens Karan, Ramlal, Rajaram and Mohanlal have been held guilty of the offence under S. 302 read with S. 149 IPC. All the accused-appellants have been sentenced to imprisonment for life together with a fine of Rs. 200.00, in default of payment of fine to undergo rigorous imprisonment for two months.

(2.) The prosecution case briefly stated is that on 24.4.1987 at about 10.30 AM, one Manoharlal, who happens to be the real brother of deceased Prithvi lodged the FIR Ex.P 6 at Police Station Gharsana with regard to the occurrence that took place on that day at about 8.00 AM. In that FIR, it was stated by Manoharlal that his father Ramlal performed two marriages. His first wife happens to be his mother Mst. Sheopari and his second wife is Mst. Sugana. He has further stated that he, Prithvi, Krishna and Rajpal are the sons of Mst. Sheopari and Ramlal whereas Om Prakash; Sens Karan, Nihalchand and Indira are the other four sons of Ramlal from his second wife Mst. Sugana. According to him, Mst. Sheopari and Ramlal lived amicably for some years but before about 15 years from the date of the occurrence, Ramlal abondoned his first wife Mst. Sheopari, whereupon Mst. Sheopari went to Chak Gujari, her home town and started to live with her brother Hetram.

(3.) After living for two years with her brothers Hetram and Ramswaroop in Chak Gujari, she alongwith her sons shifted at her own Dhani, which has been built on the agricultural land out of 15 bighas of land given by Ramlal to them. It is alleged that Mst. Sheopari and her sons were demanding 5 bighas of more land from Ramlal but Ramlal was not ready to part with another 5 bighas of land. It is further to alleged that Ramlal eventually agreed to allow Mst. Sheopari and her sons to cultivate another 2 bighas of land but when Prithvi went to irrigate the said 2 bighas of land, accused-appellants Ramlal and Senkaran did not allow to him to do so.