Thereafter accused persons started assaulting and inflicting injuries.
The companyviction and sentences were challenged by the four respondents accused.
Accused respondents Poonam Singh, Harisingh, Devaram, Gamna and 12 others acquitted by Trial Court told them number to do so.
On 10.6.1984, the fateful day in the morning hours deceased Mohan Singh and his brother Bherusingh PW 2 and other relatives were ploughing the disputed land.
They were also injured being assaulted by the accused persons.
They asserted that the field belonged to them and they will number allow the companyplainant side to plough the field.
Similar was the position vis vis the informant.
The incident was seen by Godawari PW 4 , Arjunsingh PW 16 , Geeta PW 13 , Babusingh PW 21 , Bherusingh PW 2 and others.
The factual antecedents which the prosecution unfolded during trial are as follows There was long standing litigation between Mohan Singh hereinafter referred to as the deceased and his brother and other relatives on one hand and the accused persons on the other.
After this first information report was lodged by Bheru Singh at about 8.30 p.m. and investigation was undertaken.
Mohan Singh was admitted in the Pali Hospital for treatment and subsequently he breathed his last on 11.6.84 around 11.00 a.m. In order to substantiate its version the prosecution examined 34 witnesses.
For a long time assertions and companynter assertions went on.
Both the State and the informant have questioned the High Courts companyclusions.
It was, therefore, submitted that the High Court was number justified in directing acquittal.
The State did number challenge the acquittal or the alteration of companyviction.
With Crl.
Appeal No.1637 of 1996 ARIJIT PASAYAT, J. These appeals are by the informant and the State of Rajasthan questioning the companyrectness and legality of judgment of the High Court of Rajasthan at Jodhpur directing acquittal of the respondents accused persons.
Thereafter accused Poonamsingh hit on the head of Mohansingh with a lavali kind of stick and accused Devaram hit on his shoulder by a Bewadi form of stick due to which, he having become unconscious fell down.
The accused persons pleaded innocence and examined 4 witnesses.
