STATE Vs. GIAN CHAND

JUDGEMENT

(1.) THIS Revision Petition has arisen out of an order dated: 18 -11 -1999 passed by the learned Sessions Judge, Udhampur, whereby he has discharged the accused for alleged commission of offences under Section 467/468/420/120 -B RPC.

(2.) THE prosecution story is that the complainant PW Jai Ram owns a piece of land measuring 09 marlas bearing Khasra No. 3721, the ownership rights of which has been conferred upon him under Section 8 of the Agrarian Reforms Act. The complainant has also raised a boundary wall with Iron Gate to enclose his land. Adjoining to his land is also a land of the accused Nos. 2 and 3 (namely Kasturi Lal and Kartar Chand) measuring 17 marlas in Khasra No. 3721. In the year 1971 accused Kasturi Lal applied by means of an application for demarcation of his land before the Tehsildar Ramnagar who sent the application to the Girdawar, accused No. 1. He has made a report stating therein that on visiting spot he found that PW Jai Ram has encroached upon the land measuring 12 x 12 i.e. 04 sarsai. This is the basis of controversy in the First Information Report. This is also the case of the prosecution that all the accused entered into a conspiracy to prepare this report. The report dated: 18 -10 -1971 is purported to have been prepared by Sansar Chand, Patwari halqa Thalora. On the basis of which he had submitted the report. Neither the original report is traceable nor Sansar Chand, Patwari is arrayed as accused.

(3.) ON the basis of this, an First Information Report No. 15 of 1995 came to be registered and after investigation, Government was approached for granting sanction to prosecute the accused. The Government considered the report of the Investigating Agency and did not grant sanction for prosecution of the accused rather directed departmental action to be taken. According to Mr. Parihar, learned AAG, the departmental action has already been taken and the findings are that the accused was negligent but no punishment was imposed.