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2003 Supreme(SC) 878

DORAISWAMY RAJU, ARIJIT PASAYAT
Laxman Singh – Appellant
Versus
Poonam Singh – Respondent


JUDGMENT

Arijit Pasayat, J.-These appeals are by the informant and the State of Rajasthan questioning the correctness and legality of judgment of the High Court of Rajasthan at Jodhpur directing acquittal of the respondent-accused persons.

2. The factual antecedents which the prosecution unfolded during trial are as follows:-

There was long-standing litigation between Mohan Singh (hereinafter referred to as the deceased ) and his brother and other relatives on one hand and the accused persons on the other. On 10.6.1984, the fateful day in the morning hours deceased-Mohan Singh and his brother Bherusingh (PW-2) and other relatives were ploughing the disputed land. Accused-respondents Poonam Singh, Harisingh, Devaram, Gamna and 12 others acquitted by Trial Court told them not to do so. They asserted that the field belonged to them and they will not allow the complainant side to plough the field. For a long time assertions and counter-assertions went on. Thereafter accused Poonamsingh hit on the head of Mohansingh with a lavali (kind of stick) and accused-Devaram hit on his shoulder by a Bewadi (form of stick) due to which, he having become unconscious fell down. Thereafter accused pers













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