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DINESH MEHTA
Prem Singh, S/o. Sujan Singh, (At present in Central Jail at Jodhpur) – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. The present criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) has been filed against the judgment and sentence dated 31.07.1990 passed by Additional Sessions Judge, Bali (hereinafter referred to as “the trial Court”) in Sessions Case No. 18/1988.
2. The facts as stated in the F.I.R. are that at 9 am on 26.03.1988, one Chunaram @ Chuniya (hereinafter referred to as “the complainant”) and some of his family members went to the field co-farmed by them and the appellant, and the women accompanying Chuniya started to clean the harvest of mustard seeds (Raida), to which the appellant objected. The appellant threatened the complainant and his accompaniers of dire consequences and left the field.
3. The appellant, along with other co-accused viz., Mang Singh, Kundan Singh, Bheek Singh, Hukam Singh and Footar Mal, returned with lathis and iron pipes and engaged in a violent scuffle with the complainant and others namely Jana, Kanaram, and Dharmaram.
4. A report in the Roznamcha (Ex. P-5) was recorded at the instance of the complainant at 12:15 pm on the same day noticing that the appellant and other co-ac
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