SIYARAM ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners are aggrieved by order dated 15.9.2000, passed by the Additional Sessions Judge-II, Barh, refusing to discharge the Petitioners for offences under Sections 147 and 379 of the Indian Penal Code.

(2.) The allegations in the First Information Report is that Narain Singh (opposite party No. 2) had filed an application before the Sarpanch, Gram Panchayat Maranchi alleging that the Petitioners were responsible for harvesting the crop of 'Rai' standing on Khata No. 1503, Khesra No. 4217 measuring 12 decimals.

(3.) Learned Counsel for the Petitioners submits that the Civil Court in the year 1924 by (Annexure-2) has already held that the lands in question were in the possession of the Petitioners. In the said Title Suit numbered as 375 of 1922, the father of the informant Chhattar Singh is the Defendant No. 1. It is, therefore, submitted that the parties and the lands in the suit are the same. Subsequently, the complainant filed a Title Suit numbered as 64 of 1996 alleging therein that the judgment and decree in Title Suit No. 375 of 1922 is not binding on the opposite party. An injunction application was also filed in Title Suit No. 64 of 1996 which has been dismissed.