STATE OF HIMACHAL PRADESH Vs. RATTI RAM

JUDGEMENT

(1.) THE State questioned in this appeal the acquittal of the respondents recorded by the learned Additional Sessions Judge, Solan reversing the judgment of conviction and sentence passed by the learned trial Court in Criminal case No. 15/2 of 1993 decided on 30.9.1999. Heard and gone through the record.

(2.) BRIEF facts giving rise to the present appeal can be stated thus. The Assistant Collector 1st Grade Nalagarh had initiated ejectment proceedings against respondent Ratti Ram in respect of land owned earlier as shamlat land later vested in the State Government under the Village Common Land Act , comprised in khasra No. 233/1 measuring 3 biswa situated in village Kunplate Tehsil Nalagarh District Solan, H.P. resorting to the provisions of Section 163 of the H.P. Land Revenue Act wherein respondent Ratti Ram was ordered to be ejected.

(3.) POLICE started investigation and during the course of investigation, police took into possession the Resolution Register Ext. P1, appointment and posting letters of Shri Surjeet Singh Secretary of the Panchayat and his predecessor Narsi Ram. Copies of the revenue record of the impugned land and other relevant documents. Resolution No. 3 dated 7.8.1974 containing Register was sent for opinion of the document expert. On examination, as per report Ext. PA, he did not come to a definite conclusion.