1987 Supreme(Raj) 665
S.N.BHARGAVA, G.K.SHARMA
Radha Kishan – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Appellant:A.K. Gupta, Advocate.
For the Respondent: Razwan Alvi, P.P.
JUDGMENT
1. 1. Appellant Radhakishan has preferred this appeal against the judgment dates 14th Feb., 1985, by the Sessions Judge, Tonk, convicting him Under Sections 302 & 447, Indian Penal Code and sentencing him to imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine further undergo one month's rigorous imprisonment for offence Under Section 302, IPC; and three month's rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo fifteen days' rigorous imprisonment for offence Under Section 447, IPC.
2. On a Parcha-Bayan of one Smt. Dankha, a case was registered by the SHO, PS, Tonk. In her said statement, she stated that her husband Lala had two wives, and the second wife was Mst. Bhoori, mother of Radhakishan accused, and that Lala had divided his land and given it to her. Radha Kishan son of Mst. Bhoori wanted to have forcible possession over the said land. On 28th Nov., 1983, at about 10 a.m., Mst. Kalyani wife of Radhakishan and his son Ramesh came to field with a tractor and wanted to plough the field forcibly. Badri son of Mst. Dankha, and his friend Gopal Gujar were restraining them from ploughing the filed.
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