BALWANT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner under Sec. 482 Cr.P.C against the order dtd. 21/2/2019 passed by learned Additional District and Sessions Judge, Gharsana, District Sriganganagar whereby , the learned revisional court dismissed the revision petition and affirmed the order passed by learned Judicial Magistrate, Gharsana dtd. 6/3/2018 allowing the application filed by prosecution under Sec. 65 of Evidence.

(2.) Brief facts of the case are that the respondent no.2 lodged a FIR against the petitioner and Shiv prakash (died) stating therein that the petitioner stole five khejari trees which were lying in Killa NO. 3 and 4 of Square No. 97/28. These trees were seized by the Land Record Inspector, Rawla and the complainant was directed to visit the place and make site plan. The complainant visited the place and made a site plan and upon his report, FIR No. 135/2005 came to be registered at Police Station Rawla for offence under Sec. 379 IPC. After investigation, the police filed negative Final report. the complainant filed a protest petition and after recording his statement, the learned trial court took cognizance against the petitioner and Shiv Prakash and trial commenced.

(3.) During trial, statement of four witnesses were recorded and thereafter, an application under Sec. 65 of the Evidence Act was filed by the prosecution for taking on record the photocopy of site plan of the place of incident as the original inspection memo was not traceable in the office of SDM, Gharsana and this photocopy of site plan may be exhibited as secondary evidence.