DHANI RAM Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition by the accused who was convicted by the trial Court of Munsiff, Judicial Magistrate 1st Class, Jammu, under Section 447, R. P. C- and sentenced to undergo rigorous imprisonment for one month and pay a fine of Rs. 100/-- In default of payment of fine he was required to undergo further 15 days' rigorous imprisonment. The accused went in appeal to the Sessions Court. The appeal was heard by the Additional Sessions Judge, Jammu, who maintained the conviction and the sentence imposed on the accused and dismissed the appeal.

(2.) THE prosecution case was that On 19-3-1970 the accused forcibly entered upon the land under survey Nos. 722/727 situated in village Gool, Tehsil Jammu in the possession of Dev Asthan Bawa Sei Nath and started ploughing the same to the exclusion of Dev Asthan. Their further case was that Dev Asthan had entered into possession in March 1965 in pursuance of the orders of Munsiff, Jammu, and had ever since continued in possession till it was dispossessed by the accused on the aforesaid date. The defence case was that the land was originally in the possession of Sant Ram, uncle of tine accused, and after him in the possession of the accused himself right from the year 1947 The trial Court and so also the appellate Court confirmed the case of the prosecution and negatived that set up by the accused-

(3.) THE case under Section 247, R. P C originated upon a report Ex. A which was lodged with the police by Mr Amir Chand, president of Dev Asthan on 21-3-1970. Alongside Mr. Amir Chand filed an application under Section 145, Criminal PC. on 27-3-1970 on identical allegations which was heard by the City Magistrate, Jammu. On consideration of the affidavits and related evidence the learned City Magistrate came to. the conclusion that the applicant was in peaceful possession of the disputed land when on 19-3-1970 the non-applicant forcibly occupied the same and brought it under cultivation on account of which there was danger of breach of peace on spot. On this finding, by his order dated 22-10-1970, the learned City Magistrate, declared the applicant to foe in possession within two months next before the date of the Preliminary order viz. 30-4-1970 and forbade the non-applicant from disturbing his possession. unless evicted in due course. It seems that the non-applicant did not choose to agitate this matter further and as such the order made by the learned Magistrate has become final.