1968 Supreme(Raj) 40
L.S.MEHTA, LODHA
State – Appellant
Versus
Sardara Singh – Respondent
Advocates Appeared:
Govindmal Mehta, Dy. Govt. Advocate; S.R. Singhi and Dayal Singh, for Respondents
L.S. MEHTA, J.— There is village Jagtewala, Chak No.27 H. in Tehsil Karan-pur, District Ganganagar. In this village the accused Sardara Singh, Kelasingh, Jaila Singh and Palsingh possessed certain Murrabas of land. Lalsingh and his son Jagtar Singh deceased also owned certain Murrabas there. All the accused were the real brothers of Lal Singh deceased. Their lands were, however,, partitioned a few years back. Some litigation had been going on between Sardara Singh. Kela Singh, Jaila Singh and Pal Singh on the one hand and Lal Singh on the other, about water. On June 17, 1964, at 1 i a.m., when Mst. Punjab Kaur, wife of deceased Lal Singh, was coming with her son, Mukhtiar Singh, from her fields, Sardara Singh gave her a lathi blow on her leg at a distance of about 8 furlongs from the village Jagtewala, Mst. Punjab Kaur made a report of this happening (Ex.P.19) at the Police Station, Keshrisinghpura, that very day at 7.30 a.m. Next day, i. e., on June 18-1964, Lal Singh had to take water from the canal for irrigating his land. He, accompanied by his sons, Jagtar Singh, aged 17 years, and Mukhtiar Singh had aged 14 years, went to his fit Id early in the morning i.e., an hour before s
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