MATA DEEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri K.B. Srivastava, learned Counsel for the appellants and Sri S.S. Tripathi, learned AGA appearing on behalf of the State the State.

(2.) This criminal appeal has been preferred by Mata Deen and Ram Das, sons of Khuman Dhimar, against the judgment and order dated 04.2.2003 passed by Special Judge, SC/ST Act, Jhansi in Special Trial No. 134 of 1997 convicting the appellants under Section 198-A U.P. Zamindari Abolition and Land Reforms Act and sentencing them to undergo six months imprisonment alongwith fine of Rs.1,000/- each and in default of payment of fine, to undergo 15 days additional imprisonment.

(3.) The prosecution case is that informant, Ganesh, s/o Halku, r/o Palar, Police Station Bada Gaon, was granted lease of plot No.1340/1 area 0.405 hactare and he was duly given possession over the same on 15.2.1997, 25.3.1997 and 28.4.1997. The appellants are influential persons of the village and they forcibly disposed him and cultivated the land of the informant. When informant objected, they threatened him of life and he was abused by use of caste related comments. Informant gave an application to the Revenue Inspector, who gave a report in favour of the informant stating that he is a poor scheduled caste lease holder and was given possession of lease land, but the appellants have illegally disposed him and occupied the same. On the direction of Pargana Adhikari dated 5.5.1997, FIR was lodged against the appellants on 7.5.1997. The documentary evidence regarding the grant of lease, possession, etc., was collected by the Investigating Officer and he submitted the charge-sheet. The trial court framed charges against the appellants, which they denied and sought trial.