SARASWATI PATEL Vs. PRADEEP KUMAR JOSHI

JUDGEMENT

(1.) The appellant was the complainant in I.C.C. 62 of 1990 (Tr. No. 188 of 1991) wherein the respondent Pradeep Kumar Joshi was the accused. The respondent faced trial for the offences punishable under sections 447 and 506 of the Indian Penal Code in the Court of learned Judicial Magistrate Second Class, Sundargarh and the learned trial Court vide impugned judgment and order 10.01.1992 acquitted the respondent of all the charges.

(2.) It is the case of the complainant that she is widow of late Panchanan Patel who had purchased some agricultural lands from one Patait Gouri Sankar Sekhar Deo of Old Palace of Sundargarh in the year 1969 and possessing the same since then. After the death of her husband, the complainant was cultivating paddy crops every year in the land. It is the further case of the complainant that the owner of the land Patait Gouri Sankar Sekhar Deo subsequently executed an agreement of sale on 27.11977 taking all the consideration money of the land. It is the further case of the complainant that as the ceiling proceeding was pending, the owner of the land could not able to execute the registered sale deed but the complainant never felt any difficulty as she was possessing the land peacefully and paying land revenue regularly to Patait Gouri Sankar Sekhar Deo who had assured that the land would be registered in favour of the complainant after completion of ceiling proceeding. It is the further case of the complainant that the accused-respondent taking the advantage of the helplessness of complainant's widowhood, forcibly entered into the scheduled lands and fenced the entire land by means of wooden sticks on 07.11990 and when the complainant protested in presence of the witnesses not to fence her lands, the respondent threatened to kill the complainant if she would enter into the land.

(3.) During course of trial, the complainant examined three witnesses. P.W.1 Saraswati Patel is the complainant herself, P.W.2 Upendra Thakur is a neighbour of P.W.1 and P.W.3 was the servant of the complainant (P.W.1) .