BINDHA RAUT Vs. LAMBODHAR GUNI GAHIR

JUDGEMENT

(1.) The order of acquittal passed by the learned Sessions Judge, Sambalpur in a case under Section 379 of the Indian Penal Code (I.P.C.T for short) has been assailed in this appeal.

(2.) The prosecution case is stated in brief: The disputed land consists of two DoliesT locally known as Bada DoliT and Chaka Doli with seed capacity of year 1968, Pira Baiga, widow of Dhoba Baiga alias Raut sold away the same in favour of Lokanath Gahir (P.W. 7) by a registered sale-deed (Ext. 1). Lokanath Gahir sold away the selfsame land in favour of Raseswari, wife of the appellant by a registered sale deed executed on 3-1-76 (Ext. 2). It was alleged that the appellant came into possession of the disputed land and raised paddy crops thereon. The respondent having no manner of right or possession, forcibly reaped away the standing paddy crops from the disputed land on 18-11-76 causing a loss of Rs. 1625/- to the appellant who reported the incident at the Bhatli Police Station, but as no action was taken, he filed the complaint petition on 27-1-77.

(3.) The plea of the respondent was that he was the adopted son of Dhoba Baiga alias Raut. After the death of his adoptive father, his adoptive mother Pira Baiga acknowledged the adoption by executing a deed of acknowledgement (Ext. A) dated 18-2-47. He was jointly recorded as an occupancy Rayat in the record of-rights (Ext. B) published in the year 1977 in respect of the lands left by his adoptive father. He was, therefore, the rightful owner of the disputed land. In short, he asserted bona fide claim of right as his defence.