SHIV KISHAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the judgment of learned Sessions Judge, Bikaner dated 22.6.1989 in Cr. Appeal No. 25/86 by which he set-aside the conviction of accused petitioner Shiv Kishan under Sec. 147 I.P.C. but maintained his conviction under Secs. -148 and 323 of I.RC. as well as conviction of other petitioners under Secs. 147 and 323 I.RC. which was recorded by learned Munsif and Judicial Magistrate, Nokha vide his judgment dated 8.2.1986. Learned Sessions Judge instead of sentencing the petitioners gave them benefit of probation.

(2.) I have heard the learned counsel for the petitioners as well as learned Public Prosecutor at length.

(3.) Briefly stated, on 8.2.1975 Rajuram reported to Station House Officer of Nokha that there was a piece of land in Jorawarpura Nokha Mandi in the name of Ramjeewan. A patta existed in his name. Some construction was being done on the land. There was some dispute with regard to this land with Shiv Kishan. Petitioners due to this enmity at about 10.30 A.M. armed with barchhi and lathis attacked on Ramjeewan and inflicted injuries on his person. It was also mentioned in the report that the petitioners had committed house trespass.