STATE GOVT OF DELHI Vs. BHARTU

JUDGEMENT

(1.) OF the 10 accused, R-2 Smt.Sharwan and R-7 Sh.Raj Singh have expired and thus qua them the appeal abates. Their acquittal has to be treated as having attained finality.

(2.) ARGUMENTS heard qua remaining respondents i.e. Sh.Bhartu, Smt.Ballo, Smt.Prem, Sh.Jai Singh, Smt.Babita, Sh.Rajesh, Sh.Mahabir Singh and Smt.Rani Devi.

(3.) NOTWITHSTANDING the injured withstanding the cross- examination during trial and notwithstanding the injured eye witnesses implicating the accused, the learned Trial Judge has acquitted the accused holding that the prosecution has led no evidence that Sultan Singh owned the disputed land or sold the same to Satbiro and additionally led no evidence to prove that Satbiro or her family was in possession of the land. On the contrary, through the medium of the Khatoni Ex.D-1, it stood established that the accused group was the recorded owner of the land in question. Further, with reference to the MLC Ex.PW- 21/DB of accused Rajesh which showed that he had received simple injuries, learned Trial Judge has held that the prosecution has not satisfactorily explained the injuries on Rajesh. For the additional reason that no public witnesses were examined, the learned Trial Judge has accepted the version of the accused that the complainant side was trying to take forcible possession of the plot.