VISHNU SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by Vishnu Shanker and Jagdish Prasad against a judgment dated 24.7.1998 delivered by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Court, Udaipur, whereby the appellants were acquitted of the charge Under Section 3(1)(x) of the SC/ST Act and ere convicted Under Section 3(1)(v) of the said Act as well as Under Sections 447 and 427 of the I.P.C.

(2.) SO far as the offences Under Sections 447 and 427 are concerned, the complainant Navla and the accused persons on 18.7.2001 entered into a compromise which was filed in this Court and was verified by the Deputy Registrar (Judicial). Consequently, the two appellants are acquitted of the charges Under Sections 427 and 447 of the I.P.C.

(3.) I have heard the learned Counsel for the appellants as well as learned Public Prosecutor for the State and have perused the record of the case. I find that the finding of guilt in respect of Section 3(1)(v): of the said Act is not sustainable. The grievance was to the effect that the accused were forcing their way through the agricultural field of the complainant illegally. However, the Patwari (P.W. 8) Mahendra Singh was stated that the passage was lawful and the complainant side was bent upon closing the same. He further stated that the passage was used for going to the 'Charagah', but the complainant Navla used to close the passage again and again. He has further stated that the passage in question was a public passage and the same was opened by him and the Tehsildar on 21.3.1996 in the presence of all the villagers, as well as the Sarpanch of the village.