G. M. Lodha, J. - (1.)Raghuvar Das chela of Fateh Das has field this appeal against his conviction u/s 302 Penal Code by1 the Sessions Judge, for committing the murder of Ram Chander Das.
(2.)The feud and dispute which resulted in murder relates to a property situated near the Basti of Dadupanti known as 'Te-Jamaat' in Niwai. On 19th Aug., 1978 deceased Ramchander Das along with Govind Das and Udai Das and few others came from their village Kalan - Dabla district Jaipur to this Dadupanti Basti. Their case was that they have got some land there and, therefore, they wanted to construct the wall (Doli) of this Bara. At about 10-11 A. M. Raghuvar Das and others asked them not to do so. Raghuvar Das then filed a complaint in the police. Ttie Police Officer sent some persons for getting a settlement and both the parties agreed that they will not make any construction. On 20-8-78 a Panchayat was called but Raghuvar Dass did not attend this Panchayat.
(3.)On 21-8-78 at about 6.00 A.M. Ram Chander Das started from Jamat and proceeded towards the residence of Kan Das (PW. 2). At that time Udai Das met him near the house of accused Raghuvar Das. Deceased Ramchander Das is alleged to have told that he would first go to Jamat and then to Police Station for getting permission of constructing 'Dol'. It is said that the accused was in his house. PW. I Udai Das then proceeded further and after 4-5 steps he heard the cries of Ramchander Das and returned back to find out as to what has happened and he saw that Shyoram Das and Ram Prasad Das had surrounded deceased Ramchander Das and accused Raghuvar Das was giving sword blows to Ramchander Das and on account of that Kamchander Das collapsed. Udai Das tried to intervene but he was warned to face the same consequences. Udai Das then went to Kan Das and then both came on the spot and went to the police station and lodged a written report (Ex P. 1).