STATE Vs. SEWAK RAM

JUDGEMENT

(1.) This appeal, by the State, is directed against an order of the learned Session Judge, Mandi and Chamba Districts, whereby he allowed the appeal of the respondent, against an order of the Magistrate First Class, Mandi, and after setting aside the conviction and sentence of the respondent, acquitted him of an offence under section 447, Indian Penal Code. The case for the prosecution against the respondent was as follows :-

(2.) At the trial, the respondent denied the allegations made agains: him. The plea of the respondent was that he was in possession of the land in dispute for the last 25 or 30 years and had not been ejected either on the 9th November, 1963 or on any other date. The respondent denied that he had taken possession of the land in dispute four or live days after the 9th November, 1963. The respondent produced three defence witness-Sita Ram (DW.1). Saran (DW. 2) and Maya Ram (DW. 3). All the three, witnesses had stated that the respondent was in possession of the land in dispute for the last 25 or 30 years.

(3.) On the evidence adduced before him, the learned Magistrate held that the land in dispute belonged to the Government and was its possession, that the respondent had taken unlawful possession that he was evicted from the land in dispute on the 9th November, 1963 and that after four or five days. he had again taken unlawlful passession of the land. The learned Magistrate, further, held that the respondent had entered upon the land with intent to annoy the Government. The respondent was held guilty under section 44". Indian Penal Code and was sentenced to pay a fine of Rs, 200