BHANWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal was filed by the seven accused persons. Out of these seven accused persons, accused appellant Daya Ram died and therefore his appeal abated. Six accused persons present before the Court who were convicted by the learned Sessions Judge, Pratapgarh as follows :-

(2.) Briefly stated the facts of the prosecution case are that there was a dispute between both the parties regarding a field which has been addressed as Panch Kundiya field. The bone of contention regarding this case was that accused Bhanwarlal PW 9 had sold this land to accused Dayaram and he was in possession but the complainants party claimed that transfer was sham. The land was never transferred and was cultivated by the complainant. First information report Ex.P/2 was lodged by P.W. 1 Uda Ram, who is an agriculturist working with the deceased Hiralal. Uda Ram has stated that three years before, Hiralal deceased won a case and obtained possession of the land. 5-6 days before, groundnut was cultivated in this field. On 5-7-1977, the accused came and they had re-cultivated that field. On which Hiralal and his wife Geeta went on the field and Hiralal enquired as to why his field has been cultivated. He was questioned by the accused whether the field belongs to his father? The accused exhorted that does the field belong to his father? Hiralal asserted that' yes'. On this, the accused who had stones and sticks, which are used in driving the bullocks, assailed Hiralal. According to this report, the dispute arose when the accused was returning to the village and the complainants were going to the field. The injured Hiralal succumbed to his injuries. On the basis of this, report was initially recorded by the Police Station, Nimbahera but was transferred to the Police Station, Kaneral because place of incident was within jurisdiction of Police Station, Kanera. Nine accused persons were named in this report.

(3.) After investigation, challan was presented and the trial was conducted. Charges were framed and the accused denied the charges. The prosecution led evidence. 25 witnesses were examined by the prosecution. Various documents were led in evidence. The trial Court believed the evidence of PW 1 Daya Ram and other eye witnesses and convicted the accused appellant. Against their conviction, the present appeal was filed by seven accused persons. One of them Daya Ram had died. The remaining six were convicted and sentenced as aforesaid.