KARANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS the appeals are directed against one and the same judgment of the learned Additional Sessions Judged), Jodhpur dated September 29, 1976, they were heard together and are decided by a common judgement. By the impugned judgment, accused Karaniya was convicted under Section 302, IPC and sentenced to imprisonment for life. He has come up in appeal to challenge his conviction. The State has also come -up in appeal with a prayer that the appellant should also be convicted under Sections 325, 342 and 447, IPC.

(2.) PUT briefly, the prosecution case is that PW 14 Allahabux was allotted agricultural land Mauja Peeparla -ki -seed district Jaisalmer. He was cultivating it since the allotment. In Samvat Year 2027, Allahabux went with his live -stock to some other area. Taking advantage of his absence, accused Karaniya made unlawful possession over that field and started cultivating it. When Allahabux returned, he asked the accused to deliver possession of the fie do him. The accused refused to do so. Allahabux filed a civil suit against the accused for recovery of possession over the field. His suit was decreed and possession was delivered to him in execution of the decree before he incident took place. He then started living in this field by raising a Dhani therein. He had sown Gwar and Bajri crops in the field in 1975.

(3.) WE have heard the learned amicus curiae Mr. Rajendra Singhvi and the learned Public Prosecutor. We have also gone through the case file carefully.