STATE Vs. GULAB SINGH

JUDGEMENT

(1.) ONE sheo Shanker Singh, along with nine others, was charged with offences under Sections 147 and 148, and Sections 302 and 307 read with Section 149, I. P. C. in S. T. No. 23 of 1961 in the court of the Sessions Judge, Mirzapur in respect of an occurrence dated 20-111960 resulting in the death of Tarak Nath, Pande and injuries to two others. The accused pleaded a right of private defence of property and adduced oral and documentary evidence in support of their case. One of the documents filed in evidence by them was a complaint Ex. Kha73 alleged to have been Instituted by Sheo Bhanker on 18-11-1960 in the court of the Judicial Magistrate, Chunar, District Mirzapur to the effect that P. W. Kishore, accompanied by Tarak Nath Pandey and several other men, had unlawfully and forcibly cut and removed paddy crop from plot No. 733 of village Semara Barch belonging to the accused.

(2.) THE learned Sessions Judge found that the paddy crop standing on plot No. 733 aforesaid had been raised by the accused and that the said plot had been in their possession since long. He held that they were entitled to protect their possession and, therefore, acquitted them. At the same time he was of the opinion that

(3.) THE State filed an appeal in this Court against the aforesaid order of acquittal. While endorsing the finding of the trial Judge on the question of possession, this Court came to the conclusion that two of the accused had inflicted injuries on the victims after a reasonable apprehension of danger to property had ceased. As regards the complaint Ext. Kha-73, the Court was of the opinion that the same was not filed on 18-11-1930 and the defence evidence on this part of the case was false, and that the conduct of D. W. 5 Sri Gulab Singh Vakil and the officials of the court of the Judicial Magistrate, Chunar was reprehensible. In disposing of the appeal the court made an order directing issue of notice to the opposite parties, who had been examined as witnesses at the trial, to show cause why a complaint should not be filed against them under Section 193 I. P. C. for Intentionally filing false evidence in S. T. No. 23 of 1961, State v. Sheo Shankar Singh and Ors.