YENAMANDRA VENKATESWARA SIDDANTI Vs. GUNTAMIKKALA VENKANNA

JUDGEMENT

(1.) This appeal is directed against the order of acquittal recorded by the learned III Additional judicial First Class Magistrate, Kakinada in CC.No. 142 of 77 on the fite of his court. The appellant is the complainant. The respondents 1 to 4 herein are the accused 1 to 4 in the case, who were tried for offences punishable under sections 426, 447 and 352 I.P.C..

(2.) The case of the complainant is that on 1 -5-1977 at about 9 a.m. the four accused threatened the complainant's servant, pulled away the pegs in front of the complainant's shed and forcibly trespassed and occupied the complainant's site for the benefit of A-4 who raised a thatchedshed on the site two days later. The plea of the accused is one of complete denial. Their case is that the land in dispute is poramboke adjoining the patta land of Lakkaraju Satyanarayana, that there is a custom in the village for the owners of the patta land to enjoy the poramboke adjoining their patta land and that the vacant site which is poramboke land was taken possession of and has been continuously in the possession of A-4 ever-since he purchased the adjoining patta land of Lakkaraju Satyanarayana. In support of his case the complainant has examined four witnesses including himself as P.W. 1. The accused did not examine any witnesses on their behalf.

(3.) On a consideration of the evidence, the learned Magistrate held that the accused are entitled to the benefit of doubt with regard to the necessary intention for committing the offence of criminal trespass and accordingly acquitted the accused.