BASNATI DEVI Vs. MD. RAFIQUE AND OTHERS

JUDGEMENT

(1.) This appeal against acquittal has been preferred under Section 378(4) of the Code of Criminal Procedure in view of the order dated 22.8.2002 passed in S.L.A. No. 23 of 2002 granting special leave to appeal.

(2.) The appeal is directed against the judgment of acquittal dated 16.4.2002 passed by the learned Special Judge, S.C. & S.T. (Prevention of Atrocities) Act, Purnea, in Sessions Trial No. 432/1998/27/1998, by which, the Respondent Nos. 1 to 3, namely, Md. Rafique, Chilu and Mainuddin have been acquitted of the charges framed against them under Section 429 of the Indian Penal Code and Section 3(i)(iv) & (v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant had filed a complaint in the court of the learned Sub-Divisional Judicial Magistrate, Kishanganj on 9.12.1996 with respect to an occurrence which is alleged to have taken place on 6.12.1996 at about 3 p.m.

(3.) The case of the prosecution as per the complaint is that the family members of the complainant were in possession of the land mentioned in the schedule of the complaint since last 15 years on the strength of red card issued in the name of complainant s son, namely, Mister Mochi. The complainant was regularly paying rent to the Government. The complainant s son had gone outside in order to earn his livelihood and finding the complainant alone with her minor children, the accused persons who are Respondent Nos. 1 to 3 in the present appeal wanted to take forcible possession of the land in question. They conspired together to oust the complainant from the village.