MURLI ALIAS MOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were charged with having committed offences under Sections 447, 147, 379, 323, 325, 302, read with Section 149, Indian Penal Code.

(2.) THE case against them was that on June 14, 1973 at about 7.30 A M they formed themselves into an unlawful assembly in the field bearing Khasra No. 302, situated near the village Vaidhya -ki -Dhani, armed with deadly weapons, assaulted Jamna. Mangalchand (PW. 3), Kaluram (PW. 4) Ram Sahai (PW. 7), Shivpal (PW. 11), Durga (PW. 12) and one Anilal. Jamna died and the other persons sustained injuries.

(3.) THE case of the prosecution was that the eastern portion of Khasra No. 302 was in possession of Jamna and Anilal and others, and that Jamna, on the date of the incident was in the land in the usual course, the appellants went there as med with deadly weapons, trespassed into the land with a view to take possession of the land forcibly and in doing so murdered Jamna and assaulted other persons.