MUDAKAPPA VEERUPAXAPPA KORI Vs. CHANNABASAPPA RUDRAPPA KORI

JUDGEMENT

(1.) This revision emerges out of a composite order of acquittal and an order under Sec.358 of the CrlPC for grant of compensation for groundless arrest, passed by the Judicial Magistrate First Class, Haveri.

(2.) The facts of the case were, that one Mudakappa Virupaxappa Kori filed a complaint to the police alleging that the five named accused entered upon his land and committed criminal trespass and also took away his crops growing thereon. In fact the complainant was alleging that he was the exclusive tenant of the land having acquied the right and title from his father Virupaxappa Kori. The five accused who are no other than the collaterals of the complainant claimed that they were joint tenants inasmuch as their father was joint in status with Virupaxappa and as such they also acquired right and title of joint tenancy on the land. However, the police investigated and considered that a case under Ss.447 and 379 of the IPC was made out and the five accused were charge-sheeted in the Court of the Magistrate.

(3.) The prosecution produced six witnesses including a number of documents in support of their case. The consistent defence of the five accused was that they were joint tenants and as such they could not be stated to have committed the offence of trespass or of theft of crops which very much belonged to them. The learned Magistrate considered the evidence and was inclined in favour of the accused. It was held that the joint tenancy was proved and that the offence of criminal trespass or theft could not be stated to have been committed. Accordingly, the five accused were acquitted. While recording the order of acquittal, the learned Magistrate passed another order under S.358 of the CrlPC holding that the five accused were groundlessly arrested at the instance of the complainant and therefore the complainant must pay to them a certain compensation. Being dissatisfied with that order, the complainant has filed the present revision.