CHANDER BHAN Vs. DEVI DASS

JUDGEMENT

(1.) THIS is an appeal filed by Chander Bhan son of Girdhari Lai, resident of Sukherwala, Tahsil Dab-wall, District Hissar, against the judgment dated 11th March, 1971. of Shri B. R. Gupta, Judicial Magistrate 1st Class, Dab-wali, whereby he acquitted the respondents Devi Dass and his son Jit Ram of the offence under Section 447, Indian Penal Code'.

(2.) THE facts of the case are that Chander Bhan appellant obtained a decree for ejectment against Devi Dass respondent from land measuring 245 Kanals 7 Marias situated in village Sukherwala, He made an application in the Court of Assistant Collector 1st Grade, Sirsa, for execution of the decree to get possession of that land and a warrant was issued by the Assistant Collector and the same was entrusted to Devi Chand, Field Kanungo, P. W. 4. The Kanungo went to the village on 25th May, 1969, to deliver possession and he delivered actual possession of 199 Kanals 8 Marias of land out of it which was lying vacant and he made ' the requisite report in the Roznamcha of the village Patwari and the copy of that entry is Exhibit P. A- In the remaining 45 Kanals 19 Marias of land cotton crop was standing at that time. He again visited that village on 31st of May, 1969. and delivered possession ol the remaining 45 ' Kanals 19 Marias of land to Chander Bhan decree-holder on that day. and he made an entry t0 that effect in the Roznamcha of the village Patwari and the copy of that entry is Exhibit P. B. Since Crop was standing thereon, therefore, formal possession was given by him by Nishan-bandi and the proclamation regarding the ssyne was made in the village by beat of drum through Billu Chowkidar P. W. 3. After taking the possession; the complainant had sown Bajra and Gawara crops, in the vacant land. Some days thereafter, he went to Sonepat to which place he* originally belonged and he returned in the first week of November, 1969. He-visited this land on 10th November. 1969, and at about 4 p. m. he found that green. Gawara and Bajra was lying cut in Killa No. 16, rectangle No. 28, and that Devi Dass and Jit Ram respondents were plucking cotton in Killa No. 16, rectangle No. 30, and when he asked them as to why they were doing so, they pounced upon him and he ran away to save his life. They threatened to kill him. Since Devi Dass accused is a member of the village Panchayat and he wields influence with the police at Chotala, therefore, he did not go to Police Post, Chotala. and filed a complaint against the respondents under Section 447, Indian Penal Code, in, the Court of the Judicial Magistrate, Dabwali on 13th November, 1969. After recording the preliminary evidence, the Magistrate summoned both the accused' under Section 447, Indian Penal Code, by his order dated 28th November, 1969. Both the accused denied the allegations made against them in the complaint. They were charge-sheeted under Section 447, Indian Penal Code, by the Magistrate.

(3.) CHANDER Bhan complainant appeared as P. W. 1 as his own witness and he also examined Gulab Rai P. W. 2 Lambardar of the village in whose presence possession was delivered, Billu P. W. 3 Chowkidar of the village who made the proclamation by beat of the drum in the village regarding delivery of possession, and Devi Chand P. W. 4, Field Kanungo who delivered possession to him in execution of the warrant for possession.