BAIDYANATHA DAS Vs. GHANA DAS

JUDGEMENT

(1.) In this revision the informant-petitioner has challenged the order passed by the learned Sessions Judge, Balasore acquitting the accused-opposite parties of offences under Sections 143 and, 379 of the Indian Penal Code.

(2.) The prosecution case shorn of unnecessary details is stated below. The petitioner (P.W. 1) and his two brothers purchased the disputed homestead land measuring Ac. 0.28 decimals appertaining to M.S. plot Nos. 820, 821 and 822 in Khata No. 301 of mouja Gobindpur by a registered sale deed (Ext. 2) dated 20 -12 - 1976 for consideration from one Pagali Dei. After purchase they enclosed the area which centained bamboo clumps. On 9-6-1980 at about 9 a.m. the opposite parties one of whom named Maguni Das has in the meantime died entered inside the disputed land and despite protests, cut and removed a large number of bamboos from the bamboo clumps. Several witnesses including me Grama Rakhi (p.w.2) saw the incident. On the next day the petitioner (P.W. 1) gave a written report (Ext. 1) to the A.S.I. of Balimunds. Out - post (P.W. 6) who commenced investigation during which he saized 21 pieces of bamboos from the Ban of deceased Maguni Das and his brother under seizure list (Ext. 9) and further under seizure list Ext. 10 he seized 145 pieces of bamboos from their custody. After close of investigation he submitted charge sheet against the opposite parties for having committed offences under Sections 143, 294, 379 and 447 of the Indian Penal Code.

(3.) Charges were framed against the opposite parties for having committed offences under Sections 143 and 379 of the Indian Penal Code. They took the plea that they had cut bamboos from their own homestead lands in their khas possession, but the case was started falsely against them.