SRI RAM KARAN Vs. BIRBAL

JUDGEMENT

(1.) C. A. Rahim, J. This revision has been directed against the judgment and order passed by the learned Sessions Judge, Fatehpur, dated 24-3-1984 in Criminal Ap peal No. 25 of 1984. By that judgment he dismissed the appeal preferred by the revisionists, affirmed the conviction under Section 70 of the Canal and Drainage Act and imposed a fine of Rs. 15/- each in default to undergo simple imprisonment of one week.

(2.) THE prosecution case is that chak No. 721 belonging to the complainant-No. 1 used to be irrigated through distribution channel No. 27 passing through plot Nos. 731/766 etc. which the revisionists and others demolished on 30-11-1980 at about 12 noon. THEy also included the land under neath the channel with their fields. Due to demolition of the channel the complainant-respondent No. 1 suffered personal loss. THEre was also loss to the government property. Besides four witnesses who were examined to prove the demolition of the channel the prosecution also examined P. W. 4 and P. W. 5 who were Sinchpals of the area. THE revenue record showing irrigation of plot No. 723 of the complainant was proved. Copy of the letter of the Assistant Revenue Officer showing that channel in question has been in existence and was demolished subsequently has also been proved. Beside the trial Court made spot inspection of the plots of the occurrence found signs of water channel present on the spot.

(3.) SRI R. B. Sahai, appearing for the revisionist has submitted that irrigation map of the area, since not proved on behalf of the prosecution, best possible evidence having been withdrawn, the prosecution could not prove that there was channel for irrigating lands of the complainant. It has also been submitted that accused Arjun was examined by the Court as witness without any application as required under Section 315 of the Criminal Procedure Code.