[2025:RJ-JP:37476-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal No. 399/2000 The State of Rajasthan ----Appellant Versus

1. Dharamveer S/o Shri Chaggan Lal, R/o Rambadi, P.S.

Nasirabad Sadar, Distt. Ajmer.

2. Devilall S/o Shri Chaggan Lal, R/o village Rambadi, P.S.

Nasirabad Sadar, Distt. Ajmer.

3. Chagganlal S/o Chogga, R/o Village Rambadi, P.S. Nasirabad Sadar, Distt. Ajmer.

4. Sualal S/o Shri Ramchand, R/o Village Rambadi, P.S.

Nasirabad Sadar, Distt. Ajmer.

5. Gopal S/o Shri Sharavan, R/o Village Rambadi, P.S.

Nasirabad Sadar, Distt. Ajmer.

6. Surjeet S/o Shri Sharavanlal, R/o Village Rambadi, P.S.

Nasirabad Sadar, Distt. Ajmer.

7. Jagdish S/o Shri Chagganlal, R/o Rambadi, P.S. Nasirabad Sadar, Distt. Ajmer.

8. Sharavanlal S/o Shri Ugma, R/o Village Rambadi, P.S.

Nasirabad Sadar, Disst. Ajmer.

----Accused-Respondents For Appellant(s) : Mr. Jeetendra Singh Rathore, PP For Respondent(s) : Mr. Nitin Jain with Mr. Vaibhav Pareek Mr. Rinesh Kumar Gupta with Mr. Ashutosh Singh Naruka HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

15/09/2025 AVNEESH JHINGAN, J:-

1. The State of Rajasthan is in appeal against the order dated 03.12.1999 passed by the Additional Sessions Judge, Ajmer in S.T.

Case No.4/1997, acquitting the accused-respondents for the offences u/s 302, 325, 323, 147, 307 in alternative u/s 302, 307, 325, 323, 147 read with Section 149 IPC.

2. The facts as set up by the prosecution are that on the basis of statement recorded on 25.07.1996 of PW-2 Suraj Karan an FIR No.138/96 was registered at the Police Station Nasirabad Sadar. It was stated that on an application given in gram panchayat for measurement of the baada and passage, today at about 4.30 PM, Gauri Shankar, Kamlesh, Kishni Bheel, Ward Members of Gram Panchayat Ramsar came for spot inspection. Thereafter, Suraj Karan, Chotti, Prakash, Chujja Jat were called to point out the area in dispute. After inspecting the spot, the Ward Members along with the persons called, reached the house of Suraj Karan where the accused armed with Lathis and wooden staff were standing. There was altercation between Vijay Karan (hereinafter referred to as ‘deceased’) and Shrawan. Deceased, Suraj Karan, Soni and Chhoti were inflicted injuries by the accused. PW-1 Kamal Kishore went to the police station and on arrival of the police, the injured were taken to hospital in an ambulance. The deceased succumbed to injuries on 25.07.1996 and the post- mortem was conducted on 26.07.1996. The cause of the incident between the parties was a dispute regarding land and the passage. After presentation of challan, charges were framed against the accused u/s 147, 302, 307, 323 and 325 IPC and in the alternative under Sections 147, 302, 307, 323, 325 read with Section 149 IPC. The prosecution examined fourteen witnesses and exhibited fourty three documents. In the statement recorded u/s 313 Cr.PC, the accused denied the allegations and claimed trial. In defence, two witnesses were examined and five documents were exhibited. The trial court after considering the facts and appreciating the evidence, giving benefit of doubt acquitted the accused.

3. Learned counsel for the appellant submits that case of the prosecution was supported by seven eye-witnesses including three injured in the incident, the trial court erred in acquitting the accused. The submission is that three injured witnesses had sustained injuries in the incident and the deceased succumbed to injuries inflicted by the accused and the case of the prosecution was proved beyond reasonable doubt.

4. Learned counsel for the accused submits that the relationship between both the parties were strained due to land dispute as admitted by PW-7 Chhoti in her cross-examination. There was previous history of revenue litigation and criminal proceedings between the parties. Against the accused Shrawan Lal FIR was registered at instance of Pratapi, sister of Suraj Karan. The contention is that the comp