Gopal Krishan Vyas, J. - (1.) THE instant criminal appeal has been filed by the appellants under Sec. 374(2) Cr.P.C. against the judgment dt. 28.9.2002 passed by the learned Addl. Sessions Judge (Fast Track), Jodhpur (hereinafter referred to as the learned trial Court for short) whereby the learned trial Court convicted and sentenced the accused -appellants for the following offences: As per the brief facts of the case in village Thob, there is an agricultural land situated in Khasra Nos. 1619 and 1624. The said land is in Khatedari of Jetha Ram S/o. Sona Ram, Mooli Devi W/o. Sona Ram and Khiya Ram S/o. Rekha Ram. In this land the accused appellants and the complainants are having their share. In the revenue records, the area of the land bearing Khasra No. 1624 is shown to be 14 bighas and 16 biswas but on the site all the Khatedars are cultivating their land as per their shares. Some revenue litigation is also going on in between the parties.
(2.) ON 5.7.2000 one of the co -sharer Khiya Ram lodged a report at Police Station, Osiyan against the appellants with the allegation that Pabu Ram and 9 other persons came in his filed and started cultivation but his wife asked them not to cultivate the land and due to asking, they became annoyed and beaten his wife and tried to outrage her modesty. They also set fire of Jhupa situated in Dhani. On aforesaid report, the police registered FIR No. 88 dt. 5.7.2000 under Sec. 147, 447, 323, 354, 435 and 427 IPC and after investigation, submitted a final report to the effect that no criminal case took place. On 20.6.2001, the appellants Achala Ram and Ramdeo Ram went to their agricultural field in tractor of Bhagirath to cultivate their Bazara and Moth crop in the land of their share but co -sharer Khiya Ram again lodged a written report at Police Station, Osiyan on 21.6.2001 being FIR No. 58 alleging therein that appellants and other 3 persons came to his agricultural field in the mid night with tractor and destroyed the Dhani of his field and upon asking not to destroy the Pali, they threatened to kill him, then, he came back to Dhani and accused party cultivated the field in whole night and in the morning Harchand and Pabu Ram came near to his Dhani and set fire and due to fire Bad of the Dhani and Jhupa burnt alongwith some house hold articles.
(3.) UPON aforesaid report, the police registered criminal case under Sec. 147, 447, 504, 435 IPC and after investigation police submitted the charge -sheet against the appellants Harchand and Prabu Ram under Secs. 147, 149, 447, 504 and 436 IPC and against 9 other accused persons under Secs. 147 and 447 IPC in the Court of Judicial Magistrate, Osiyan.;