RAMHIT PATEL Vs. GAVI

JUDGEMENT

(1.) ARGUMENTS heard. Record of Cr. Case No. 341/98 Court of MFC, Amarpatan, perused.

(2.) PETITIONER/complainant Ramhit Patel filed complaint under Sections 147,447,427/149 of IPC before the MFC, Amarpatan to the effect that complainant being owner was in possession of Khasra No. 1594 Village Bhisampur. On 20-7-98 respondent/accused persons unlawfully entered into the said land (Bageecha) and removed the plantation. Criminal Case no. 341/98 accordingly was registered against accused persons. Completing trial, vide impugned judgment dated 18-7-2003, MFC recorded acquittal of respondent/accused persons under Sections 147,447,427/149 of IPC. Further under Section 250, Cr. PC directed petitioner to pay Rs. 100/- compensation to each of the respondent/accused persons.

(3.) IT is contended that acquittal of respondent/accused persons has been recorded mainly on the ground that material witnesses were not examined. On 2-5-2003, petitioner requested the Court to adjourn the case for examination of Ram Narayan and Bhondulal. However, request was refused and the case of the petitioner was closed.