BALMIK SINGH Vs. RAMCHAND

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under section 218 of IPC vide judgment dated 8.10.1998 passed by the learned Chief Judicial Magistrate, Satna in criminal case No.901/1995 and sentenced with a fine of Rs.4,000.00. In criminal appeal No.70/1998, the learned Sessions Judge, Satna vide judgment dated 1.5.1999 dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, the respondent No.1 Ramchand has moved a criminal complaint before the JMFC, Satna that he was resident of village Umariya, Police Station Rampur Baghelan and lands situated at village Umariya were in the jurisdiction of Patwari posted in Halka Degarhat. The respondent was Patwari Degarhat in that relevant period. The complainant had purchased a land of survey No.115/02, area 0.07 hectare. Thereafter, an entry was made in the revenue record, in which it was shown that a well was also there in the land bearing survey No.115/02. Thereafter, one Shyamsunder had applied before the Naib Tahsildar for measurement of his land survey No.115/1, having area 0.16 hectare. In his application, the Naib Tahsildar ordered about the entry dated 29.6.1990 but, nothing was directed about the well. Thereafter, the applicant entered into the revenue record that half of the portion of that well was in the survey No.115/1 and therefore, half of the well was of Shyamsunder. The complainant has filed copies of revenue records as Annexure P/1 to Annexure P/5 in the complaint.

(3.) THE learned Chief Judicial Magistrate, Satna, after considering the prosecution's evidence, convicted the applicant for the offence punishable under section 218 of IPC and a fine of Rs.4,000.00 was imposed upon him, whereas, the appeal filed by the applicant was dismissed in toto.