ARJUNA RANA Vs. AKBAR TANTY

JUDGEMENT

(1.) This appeal is preferred by the complainant in I.C.C. No. 76 of 1978 against the judgment, dated 1/10/1981 of the learned Sessions Judge, Sundergarh, in Criminal Appeal No. 93 of 1980 allowing the appeal and setting aside the order of conviction and sentence passed by the trial Court against the respondents under sections 379/34, I.P.C.

(2.) The prosecution case, brielly stated, is that on 22/10/1978 at about 8 a.m. the accused respondents had unlawfully trespassed into Ac. 0.31 decimals of land of Plot No. 1378/2, Khata No. 108 of village Khampur belonging to the present appellant, had cut and carried away the paddy crop raised by him and thereby rendered themselves liable under sections 379/34.I.P.C.

(3.) The plea of the accused persons is that respondent Akbar Tanty was the owner of the disputed land and he was all along in peaceful possession and enjoyment of the same and as the paddy prop in question was raised on the disputed land by him, they had cut and carried away the crop in their own right and they have not committed any offence in doing so. The defence had examined D.W. 1 in support of their plea. The prosecution has examined in all four witnesses to prove its case. P.W. 1 is the complainant and P.Ws. 2 to 4 were examined to corroborate his version. Besides the oral evidence, the complainant has relied on the documentary evidence Exts. 1 to 6 in support of his case.