RAM UDGAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is against the judgment dated 7th February 1998 of the 3rd Additional Sessions Judge, Patna passed in Cr. Appeal No. 139 of 1991 whereby the appeal has been allowed and the order of conviction of O.P. Nos. 2 to 8 under Sections 143 and 379 of I.P.C. and sentence of execution of probation bond for one year has been set aside.

(2.) THE O.P. Nos. 2 to 8 were tried by the Judicial Magistrate 1st Class, Patna City under G.R. No. 504. of 1984 and the appellants were convicted and sentenced under Sections 143 and 379 of I. PC. The judgment of conviction and sentence was set aside by the above appellate judgment of the court below which is subject matter of challenge in this revision application.

(3.) :00 A.M. when he went to harvest his ripe gram crop, he saw that the O.P. Nos. 2 to 8 were cutting the corp. On protest by the petitioner -complainant, the accused persons, namely, O.P. Nos. 2. to 8 abused him, ran to assault him and thereafter the accused persons cut and too away the crop valued at Rs. 1,000.00 (one thousand). The complainant (P.W. 1) alleged that he had gone to harvest his land with Arbind Singh (P.W. 3), Binod Singh (P.W. 2) and Binay Singh (not examined). The complainant also stated that he had taken the land on usufructory mortgage from accused Parmanand Singh. P.W. 1 Ram Udgar Singh is the complainant himself, P.W. 2 Binod Kumar Singh is the son of Sarhu of the complainant and RW. 3 is the son of the complainant. No other witness was examined by the complainant. The usufructary mortgage -deed was proved by the complainant as Exts -1 & 2. The complainant also proved Ext -3 which is an order dated 13th April 1982 u/ s 145 Cr.P.C. pronouncing possession in favour of the complainant. 4. The defence through suggestion to the witnesses, including the complainant asserted their claim over the disputed land. From the side of the defence, Exts. -A and B were proved which show that the disputed land was sold by Kewala deeds dated 1st September 1980 and 24th June 1981 in favour of Uttimraj Devi, the wife of one of the accused Trishuldhari Singh.