GANESH SAO Vs. VAKIL SAW

JUDGEMENT

(1.) THIS revision is directed against the order dated 1.6.92 passed by Shri M.P. Sinha, Executive Magistrate, Hazaribagh in Misc. Case No. 282 of 1980 which was a proceeding under Section 145 of the Cr. P.C. thereby and thereunder the proceeding was decided and possession of O.P. Vakil Sao who was the 1st party in the proceeding was declared.

(2.) THE fact in short for the purpose of this revision is that the aforesaid proceeding was 145 Cr.P.C. proceeding in respect of 3 acres of land of plot No. 134 of village Pundari, P.S. Katkamsundi, District Hazaribagh. It was the case of the 1st party i.e. O.P. here that the disputed land to the extent of 3 acres out of total area of 7 acres of plot No. 134 of village Pundari was taken in settlement by the father of the 1st party by virtue of Hukumnama from the ex landlord Churamani Devi and from that time they wee in possession of the disputed land on payment of rent to the ex landlady, and also to the State of Bihar. It was the case of the 1st party that for the same disputed land a criminal case was instituted in which members of the 2nd party, Bhulan Sew and Srimati Runia Devi were convicted and sentenced by Sri J.N.Singh, Judicial Magistrate, 1st class, Hazaribah and even the appeal preferred by the accused persons, was dismissed with modification in sentence. Further more for the same land there was 107 Cr.P.C. proceeding in the year 1977 and in the Gram Panchayat Kutchery the members of the 2nd party were also convicted for cutting wood from the disputed land belonging to the members of the 1st party.

(3.) BOTH the parties filed documentary evidence and adduced oral evidence and first of all the proceeding was decided by Shri R.L. Choudhary, Executive Magistrate, Hazaribagh vide its judgment dated 27.1.86 but that was set aside this Court in Cr. revision and the case was remanded back to the learned Executive Magistrate for fresh decision and according to observation of this Court. This matter was again heard and decided by Shri M.P. Sinha, Executive Magistrate. Against that order this revision had been preferred.