G.K.VYAS,J. - (1.) In this Cr. appeal filed by the State of Rajasthan, the judgment dated 31.1.1992 passed by the learned Addl. Sessions Judge, Bikaner in Sessions Case No.4/1992 is under challenged whereby the respondents were acquitted from the charges levelled against them under Section 302 and in the alternative under Section 302/149 and under Section 447 of the IPC, but the learned trial court has convicted the respondents for the offences under Section 148 and 325/149 IPC and passed the following sentence: Under Section 148 IPC Three months SI Under Section 325/149, IPC Three months SI and a fine of Rs. 1000/- each and in default of payment of find to further undergo three months SI. During the pendency of this appeal, out of the five accused-respondents, the accused respondent no.1 Moola Ram S/o Surta Ram died on 19.8.2008 and therefore, appeal against him was dismissed as abated by this court vide order dated 25.7.2016. The amended cause title has already been filed. Therefore, this appeal is heard only with respect to the accused respondents Nima Ram, Bhinya Ram, Dana Ram and Bhanwar Lal.
(2.) As per brief facts of the case the complainant Hanuman (PW-1) lodged oral complaint on 24.7.1989 at 12.15 pm at Police Station Loonkaransar alleging therein that there is dispute in between his uncle and other brothers regarding agricultural field ad measuring 216 bighas and 17 biswas situated at village Bhakedeshar in which all the family members are having their share. As per the complainant he was in possession of the land in his part where he was cultivating "Bajari". On the relevant day, in the morning when he was going to his neighbour Bhojraj Singh's Dhani he heard hue and cry from his agricultural field. On hearing, he and Bhojraj Singh rushed to the place of occurrence and saw that Moola Ram, Nima Ram, Bhiya Ram, Dana Ram and Bhanwar Lal were beating his wife armed with Jai, axe and Chosangiya. The complainant Hanuman and Bhojraj Singh called all the accused respondents, but they run away towards their field. As per allegation of complainant, Moola Ram and Bhinya Ram were having weapon Jai and Nima Ram was having axe and respondent Bhanwar Lal was having Chosinga, so also, Dhanna Ram having Lathi in his hand.
(3.) When complainant reached on spot, his wife was lying in unconscious condition and there were number of injuries upon her body. The complainant tried to give water to her, but she was not in position to speak because she was unconscious and after some time, she died. According to the complainant upon 4 bighas of land he was in possession and for partition an application was moved by him before the Tehsildar, Loonkaransar but no action has been taken by the Tehsildar, Loonkaransar upon his application.;