BENU BEHERA Vs. KHETRA MOHAN SAHU AND ORS.

JUDGEMENT

(1.) THIS Criminal Revision is directed against on order of acquittal passed by the learned S.D.M. Jagatsingpur.

(2.) PROSECUTION case was that p.w. 3 Golab Khan is the owner in possession of 13 gunths of land appertaining to, plot No. 606 under khata No. 8 in mouza Jhankeswar under Tirtol P.S. He let out the land on bhag to p.w. 2 Benu Behera (Petitioner) who was in cultivating possession of the same for about 15 years prior to the occurrence. During the year 1969, p.w. 2 raised paddy crops which were ripe for harvest. On 23 -12 -1969 at about noon the opposite parties forming themselves into on unlawful assembly cut and removed the crops despite protests by p.w. 2. F.I.R. was lodged by p.w. 2 on 48 -12 -1 -1969 and investigation was taken up. In course of investigation, the police seized a bundle of paddy sheaves under the seizure list, Ext. 2. After due investigation, the opposite parties were charge -sheeted under Sections 143 and 379, Indian Penal Code. Accused Kanhei Bhoi and Sanei Bhoi are reported to have died in the meantime.

(3.) AT the trial, both parties produced oral and documentary evidence in support of their respective contentions and on a consideration of the same the learned S.D.M. returned the following findings: