NILA MAJHI Vs. UDE BHOI AND 4 ORS.

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal dated 16 -2 -1961 passed by Sri B.K. Misra, Magistrate, First Class, Titilagarh, in Case No. 38 of 1960.

(2.) THE complainants case was that the disputed land was in his possession. On 6 -6 -1960 he had ploughed the land and had sown seeds. But on 7 -6 -1960 the accused persons along with others trespassed into the land, destroyed the seeds and committed offences under Sections 447 and 426, Indian Penal Code.

(3.) UDE Bhoi (accused No. 1) and Lakhi Bhoi (accused No. 4) are two brothers. Ude has three sons -Ghantia (accused No. 3) Bhagaban (accused No. 2) and Ratnakar (accused No. 5). The learned trial Court has found that the lands in dispute were transferred by two sale -deeds, -ext. 2 dated 5 -5 -1953 and ext. 1 dated 12 -7 -1954 in favour of the minor brother and father of the complainant. Subsequent to the transfers the disputed lands have been mutated in the names of the members of the complainant 's family who are paying rent all through as evidenced by ext. 3 series. The learned trial Court held that the come plainant was in possession of the disputed lands till the date of occurrence. He discarded the evidence of the two defence witnesses on the question of possession. To test the correctness of his finding I have gone through the entire evidence on record and I am satisfied that the learned Magistrate came to the correct conclusion is holding that prior to the date of occurrence and subsequent to the dates of transfer the accused persons were not in possession of the disputed lands and the complainant was throughout in possession.