SANGABAI SHIVRAM AND SHIVRAYA Vs. MADHAVRAO KONDAJI

JUDGEMENT

(1.) This is an appeal by a private complainant under section 378(4) of the Code of Criminal Procedure, 1973. The complainant had undertaken a private prosecution which resulted in the acquittal of original accused Nos. 1 to 7, now, respondents Nos. 1 to 7. Being aggrieved she has filed this appeal.

(2.) The facts of the case are that one Sangabai Shivram is a resident of village Gaglegaon in Biloli Taluka of District Nanded. Her father belongs to village Kurala in Madnoor Taluka of Nizamabad (A.P.) District. Her husband Shivram was the owner of 82 acres of land at Gaglegaon. He was murdered about 26 years before and one Amruta was charged with the murder of Shivram. Accused No. 1 Madhavrao is the natural born son of Amruta and had been given in adoption to one Kondaji. There is some faint reference to the fact that after the murder of Shivram, there was some Civil litigation about the property.

(3.) The case of the complainant is that as a widow of Shivram she has been in cultivation, possession and enjoyment of all the agricultural lands measuring 82 acres at Gaglegaon. She stays at Gaglegaon for a few months from the time of sowing operations till harvesting season and then goes to her fathers place at Kurala in Andhra Pradesh. It may be noted that these two villages are from the adjoining Talukas of the bordering districts between Maharashtra and Andhra Pradesh, the distance between the two villages is hardly 24 miles.