STATE OF RAJASTHAN Vs. BHERU SINGH & OTHERS

JUDGEMENT

(1.) This State appeal is directed against the judgement of the Additional Sessions Judge, Gangapur City, dated 5th Aug., 1970, whereby all the seven accused-respondents were acquitted of the charge under section 302/307/148 read with section 149 I.P.C.

(2.) The prosecution case was a field Khasra No. 109 in village Badleta Bujurg, which was a bone of ^contention between one Lakhanlal and Genda. Lakhanlal happens to be an Advocate. In connection with the revenue litigation a receiver was appointed after attaching that land. Shri Rameshwar Prashad, Advocate, was appointed as the receiver by the Munsif Magistrate, Hindaun, vide his order exhibit P. 21. That order was received by the receiver on 7th Nov., 1967 and it is said that in the company of Patwari Jaganlai P.W.8. the possession of that land was handed over, as a Supurddar, to Prahladsingh and Supardnama was got. executed in favour of the court. The proceedings were drawn for transfer of possession to supurddar and the same was done vide exhibit P. 2. It is said that the litigation ultimately ended in favour of Genda and Lakhanlal filed a suit for declaration of his rights in the land in the court of Sub-Divisional Officer, Hindaun. In that matter also, Shri Rameshwar Prasad Advocate was appointed as receiver and possession of the land was again handed over' for cultivation as Supurddar to Prahladsingh. On 25th Dec., 1967 four ploughmen were hired by the Suppurddar to get the field No. 109 ploughed. These persons were Ramjial, Naval, Shri Kishan and Munshi. According to the prosecution case, nine persons belonging to the Rajput and Fakir community were sitting at the foothills of the hillock nearby. When the ploughmen started ploughing the field in the presence of the Supurddar, these nine persons came armed with guns and it is said that they asked the Suppurddar and the Patwari not to continue the ploughing of the field. It is alleged that the Supurddar protesed their demeanour and said that he had obtained the possession of the land from the court and, therefore, he could not be asked to refrain from ploughing. On this, it is said, the accused party opened fire with their guns with the result that Naval, Ramjilal, Shri Kishan and Munshi sustained gun-shot injuries. Prahlad Singh, the Supurddar, also received injuries during this incident.

(3.) Next day, the first information report of the occurrence, was lodged by Prahlad. According to the prosecution story. Ramjilal died on the spot and Naval died on his way, while he was being taken to the hospital at Hindaun.