DHANNALAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment will deal with the the criminal appeals listed above filed by the same set of appellants from one and the same order of conviction and sentence passed by the learned Additional Sessions Judge, Kota. S. B. Cr. Appeal No. 277/78 was filed by the appellants through the Superintendent of Jail in which they were lodged at the relevant time. S. B. Criminal Appeal No. 292/78 was presented on their behalf subsequently by their counsel, Shri K. K. Mehrish and Shri S. R. Joshi, Advocates.

(2.) The case of the prosecution resulting in the impugned order of conviction and sentence against the appellants may be shortly stated. Dhanna, one of the three appellants, had reclaimed some land and brought it under his cultivation nearly 8 year before the occurrence. The adjoining land measuring two bighas was similarly reclaimed by PW. Ramkumar who brought it under his cultivation nearly three years before the occurrence. These two pieces of land belong to the State Government. It appears that both Dhanna and Ramkumar were allowed to occupy this land which are situated in the west of the Government land occupied by them as aforementioned.

(3.) On July 8, 1977, Kanhaiyalal PW and one Devilal submitted a complaint in writing to the Deputy Inspector General of Police, Kota, alleging that Jumna wife of Ramkumar had been killed by the three appellants with the help of 4 other persons and that Seven culprits had also caused grievous hurt to Madanlal PW. brother of Ramkumar. This complaint was forwarded by the Deputy Inspector General of Police, to the station house officer, Police Station, Kanwas. A wireless message was also communicated to him directing him to take up immediate investigation.