KANTA BHATNAGAR, J. - (1.) THE respondents were tried for the offences under Section 302, 307, 147, 440 and 447 Indian Penal Code by the Session Judge, Alwar By his judgment dated 19 -7 -72 the learned Session Judge acquitted all the respondents for the charges framed against them.
(2.) BEING dissatisfied by that judgment of acquittal the State of Rajasthan has preferred this appeal. Briefly stated the facts of the case giving rise to this appeal are that at village -'Moja Deothana' there was a land with Nos. 77 -78 known as 'Jhalra ki -Talai'. That land was sold by Angad Singh and Jitendra Singh uncle of Bhanwarsingh for Rs. 1350/ - to the respondents Murari, Shanker, Puniya, Prabhati, Sitaram and Kanahiya. The said sale deed Ex. P. 1 was executed on 15 -6 -70 and got registered. It is alleged that though there was a recital in the sale deed for handing over the possession of the land to the purchaser. Bhanwar Singh s/o Narain Singh cultivated grain crop on those fields. Bhanwar Singh wanted sale to be set aside and therefore he bad a talked with Murari respondent and with the intervention of Shiv Dan returned the amount of Rs. 1350/ - to Murari and took the registry from him.
(3.) ON 25 -10 -71 at about 9.00 a.m. Murari respondent with his other companions tried to uproot the Grain crop of Bhanwarsingh. Bhanwarsingh on being informed by Jitendra Singh, went to the field Arjun Singh also accompanied him After sometime Jagansingh, Jitendra Singh, Rajendra Singh and Angad Singh also reached. All the six respondents were ploughing the field. Bhanwarsingh restrained them from doing so but in vain and there was exchange of abuses between them. The respondents gave beating to Bhanwarsingh and others of his party. Arjun Singh became unconscious. Arjun Singh succumbed to his injuries Bhanwarsingh and other injured persons were taken to Alwar Hospital. Bhanwar Singh was admitted there, One Bhanwar Singh s/o Kalyan Singh happened to reach there at the field at the time of the occurrence. He went to Police Station, Kherli and lodged and written report Ex. P. 8 at 7.00 p.m.;