SHERU Vs. SARWAN SINGH AND ORS.

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India filed by Sheru is directed against the order dated the 16th February, 1963, of the Gram Panchayat of village Dehroo by which the Petitioner and his brother Kartara and one other person Jagta were convicted under Section 447 of the Indian Penal Code and each of them was sentenced to pay a fine of Rs. 10. It was also directed that the accused persons should remove their illegal possession within fifteen days. An appeal was filed by the Petitioner against the order of the Gram Panchayat but it was dismissed by Magistrate I Class, Samrala.

(2.) THE brief facts of the case are that on 23rd November, 1962, Sarwan Singh complainant filed a complaint on the allegation that the accused persons had taken forcible possession of his site by enclosing a Bara and fixing branches of trees and wooden pegs therein. According to Sarwan Singh the aforesaid site belonged to him and a gift deed in respect thereof had been executed in his favour by his mother on 27th July, 1961.

(3.) IN this petition Mr. Vinayak has, at the outset, argued that the evidence produced on behalf of Sarwan Singh was not convincing and as such did not warrant the conviction of the accuse. In this respect, I am of the view that this Court cannot in this petition under Article 227 of the Constitution re -appraise the evidence and go into the question as to whether it is convincing or not. The argument of the learned Counsel challenging the veracity of the evidence, in the circumstances, must fall to the ground.