RAMCHANDRA NAIK Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition in revision against the appellate judgment of the Sessions Judge of Kalahandi, maintaining the conviction of the Petitioner under Section 474, Indian Penal Code and the sentence of two year 's rigorous imprisonment passed on him by the Assistant Sessions Judge of Bhawanipatna.

(2.) THERE was a proceeding under Section 145, Code of Criminal Procedure between the Petitioner (first party) and his cousin Lakhman Naik and some other persons (Second Party) in the Court of the Sub -Divisional Magistrate of Dharamgarh, in Criminal Mis. Case No. 70 of 1956. The dispute between the parties was in respect of actual possession of Plot No. 131 of village Bandigaon within Jayapatna P.S. which was formerly Bhogra land entered in Kata No. 4 of the Village. It was alleged that the Petitioner with a view to establish his claim to possession over that plot filed before the said Sub -divisional Magistrate, a certified copy of Khata No. 4 of that Village (Ext. 1) in which there are entries under the Remarks Column (Exts. 1/1 and 1/2) to show that the disputed plot was in the actual possession of the first party (Petitioner). The second party however challenged these entries in the Remarks Column as forgeries alleging that they had been interpolated after the certified copy of the Khata was issued to the first party by the Revenue authorities.

(3.) THE learned Sub -divisional Magistrate, Dharamgarh in his judgment (Ext. 7) passed on 12th May 1958 declared the possession of the second party and also made the following comment on the interpolations in the certified copy of the Khatian produced by the Petitioner: