SHEIKH SAUKAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition is directed against the judgment passed by 6th Additional Sessions Judge, Purnea in Criminal Appeal no. 40/99 confirming the judgment dated 24.4.99 passed by Judicial Magistrate, 1st class, Purnea in G.R. case no. 1587/95, trial no. 82/99. The revisionists were convicted for the offences u/s 147, 447 and 323 of the IPC.

(2.) AS alleged the revisionists along with others had trespassed over plot no. 144 and 145 of the complainant and they were transplanting paddy crops when the informant (PW 6) came and protested thereafter he was manhandled and assaulted.

(3.) HOWEVER , it has been submitted by the State lawyer supported by the informant 'slawyer through Vakalatnama that in a title suit filed by the admitted landlord of the suit land, Bibi Hakiman in which the informant, Sheikh Bhola was a party, Sikmidari right claimed by Sheikh Khilafat was negatived and title and possession of the plaintiffs including Sheikh Bhola was declared. So, there is no question of Sikmidari right existing in favour of the Sheikh Khilafat and consequently the possession of the revisionists no. 1 to 3 was also belied. Ex. 2 was a decree of the trial court in title suit no. 3186/64 establishing the aforesaid facts. The suit was decreed in the year 1968 and Bhola had purchased the suit land (P.O land) during the pendency of the title suit.