LAXMI NARAYAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal, appellants have challenged the judgment dated February 4, 2005, of the learned Additional Sessions Judge (Fast Track) No. 3, Bundi, in Sessions Case No. 42/2003, whereby appellants Laxmi Narain, Daulatram, Mahaveer S/o. Mathura Lal, Roop Ram Alias Roop Narain and Kamla Bai have been convicted and sentenced as under: -

(2.) In the explanation under Sec. 313 Cr.P.C. appellant Laxmi Narain explained that the land in dispute jointly belonged to the parties. On the day of incident Mahaveer was asked by him not to plough the land. Mahaveer tried to strike him with pipe but the same was snatched by him (appellant). Then Mahaveer went to his house along with tractor but returned within 10 minutes along his father armed with weapons. Then Bhawani Shankar tried to plough with the tractor and when stopped by him (appellant), he inflicted two injuries to him. When Bhawani Shankar tried to strike for the third time, he caught hold of it which caused him to fall down from the tractor. Then he (appellant) also fell down and became unconscious. Thus, he did not inflict any injury to Bhawani Shankar. Four witnesses in defence were examined. Learned trial Judge on hearing final submissions, convicted and sentenced the accused appellants as indicated here -in -above.

(3.) We have heard learned counsel for the appellants, learned Public Prosecutor for the State and with their assistance scanned the material on record.