RAM NATH & ORS. Vs. STATE OF RAJ

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 6-3-81 passed by Sessions Judge, Tonk, whereby all the accused appellants have been found guilty for the offence u/s 147 & 323 IPC, and that apart, accused appellants Bhura, Ram Pratap, Goru and Sheoji have also been found guilty for the offence u/s 325 IPC. Various sentences have been passed against the accused appellants.

(2.) Brief facts giving rise to this appeal are that Nanda lodged a written report at Police Station, Toda Raisingh on 30-7-79 alleging therein that in his agricultural land situated in village Ghareda, he has got a decision in favour from the Revenue Appellate Authority, Jaipur and in pursuance of that order, he was handed over possession of the field by the Tehsildar on 1-2-78. On 29-7-79, he (informant) went to see filed, alongwith Harji, Krishna, Gopi and Deviya, and when these persons reached the field. 17 to 20 persons including the accused appellants came there only armed with weapons and inflicted injuries on the persons of Nanda, Harji, Krishna, Gopi and Deviya.

(3.) On this report, a case was registered and during the investigation, section 307 Penal Code was also added. After completing the investigation, the Investigating Officer submitted a challan against the present appellants in the Court of Judicial Magistrate, who committed the accused persons to the Court of Sessions to face the trial. The learned trial Court framed the charges under sections 147, 307, 149, 323 & 325 Penal Code against the accused appellants. They denied the charges and claimed to be tried. In all 14 witnesses were produced by the prosecution. The accused appellants were also examined u/s 313 Crimial P.C. The accused appellants denied allegations levelled against them by the prosecution witnesses, and further stated that the land in dispute was cultivated by them at the relevant time and the Jawar crop which was standing at the field on the day of incident was sown by them, and when they were looking after their crop, Nanda, Deviya, Sheoji, Harji, Krishna and Gopi who criminally trespassed the field cultivated and possessed by the appellants and caused injuries. They have got their injuries medically examined. The accused appellants in support of their private defence produced Ram Karan (DW 1) and 39 documents including the injury reports on the persons of all the 8 persons (appellants), the FIR (Ex. D. 13) of the cross-case No. 53/79 registered at the instance of the accused persons against the complainant party with the copy of the challan (Ex. D. 14). The accused appellant also filed order (Ex. D. 15) of the Revenue Appellate Authority, report (Ex. D. 16) of Patwari dated 16-3-79, stay order of Board of Revenue dated 14-5-79 (Ex. D. 17). The accused appellants have also filed copies of the Revenue Records and the rent receipts to prove their possession on the day of occurrence, over the disputed land.