RAJENDRA PRASAD Vs. STATE OF C.G.

JUDGEMENT

(1.) This revision is directed against the impugned judgment dtd. 19/1/2022 passed in Criminal Appeal No. 03/2020 by the learned Additional Session Judge Patthalgaon, District Jashpur (C.G.), arising out of the order dtd. 17/10/2018 in Criminal Case No. 357/2012 passed by the learned Judicial Magistrate First Class Patthalgaon, District Jashpur (C.G.) whereby the applicants were prosecuted for the offences punishable under Sec. 420, 467, 468, 471/34 of IPC registered at Police Station Patthalgaon, Distt.- Jashpur (C.G.) in connection with Crime No. 67/2012, and after trial they were acquitted from the charges after due process of trial. Thereafter, the acquittal order of the applicants was challenged by the respondent No. 1 by filling the appeal under Sec. 378 of Cr.P.C. before the court of Session and the learned First Additional Session Judge allowed the appeal remanded the case for retrial by passing the impugned order.

(2.) Facts of the present case are that complainant R. P. Kripal Tahsildar made a report on 10/4/2012 against the applicants with the averment that a land of Khasra No. 564/3, 564/4, 564/5 area 0.728, 0.525 and 0.761 Hectare was granted by the Govt. to Rajendra Prasad, Sachindra and Khatibai under the Scheme of Bhudan and without permission of the Govt. with collusion of the Patwari Plasidiyus Toopo the land in question was sold so the FIR has been registered and after investigation charge-sheet is filed.

(3.) The learned trial court after filling of the charge-sheet framed the charges against the applicants they denied the same and claim to be tried so the learned trial court examine as many as 4 prosecution witness after appreciate the statement / evidence available on record acquitted the applicants from the above mentioned charges vide judgment dtd. 17/10/2018. Thereafter the respondent No. 1 State file the appeal against the acquittal under Sec. 378 of Cr.P.C. before the ASJ. The learned ASJ allowed the appeal remanded the case for retrial by passing the impugned order and ordered for reexamination of the witnesses.