Judgment

SHAH, J.- Noor Khan, resident of Kuchaman in the State of Rajasthan, and nine others were tried before the Additional Sessions Judge, Sirohi in the State of Rajasthan for offences of rioting and being members of an unlawful assembly and causing in furtherance of their common object death of one Pratap, at about 2-30 p. m. on September 29, 1960 and serious injuries to four others on the same occasion. Noor Khan was also charged for the substantive offence of causing the death of Pratap by gunshot injuries. The Sessions Judge acquitted all the persons accused at the trial. In appeal by the State, the High Court of Rajasthan set aside the order of acquittal in favour of Noor Khan and confirmed the order in respect of the rest.

2. There were disputes between Noor Khan on the one hand and Pratap and his brothers on the other about a well in village Mundara. Noor Khan claimed to have purchased a half share in the well whereas Pratap and his brothers claimed the well to be their exclusive property, and there were several court proceedings about this dispute. It was the case for the prosecution that on September 29, 1960 at about 2-00 p.m. Noor Khan accompanied by his father Samdu K