RAMAVATAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This Criminal revision under Sec. 397 Crimial P.C. arises out of the judgment dated 14.3.2005 passed by the learned Additional Chief Judicial Magistrate No. 1, Behror, by which the learned Magistrate has acquitted the accused non-petitioners of the charge under Sec. 447 IPC.

(2.) The allegation of the complainant petitioner was that accused non-petitioners have encroached upon some part of his land bearing khasra No.358 situated in village Adeend Tehsil Behror, district Alwar and as such they committed criminal trespass which is punishable under Sec. 447 IPC. The learned trial Court, on elaborate discussion of the prosecution evidence has recorded categorical finding to the effect that it appears from the contradictions in the statements of witnesses that PW1 Hari Prasad Sharma neither visited the site nor measured the land bearing khasra No.358. On the contrary he prepared the report at some other place and got the signatures of witnesses.

(3.) As such the prosecution, on the basis of evidence adduced by it has not been able to establish beyond doubt that accused non-petitioners have encroached upon the land of the complainant bearing Khasra No.358 to the extent of the 4 mtrs towards east and 4 mtrs towards west side. It appears to me that the complainant had no knowledge as to which part of his field merged with the land of the accused non petitioners. When complainant himself had no knowledge about the exact measurement of his land, then now and on what basis the complainant could allege that accused non-petitioners have encroached upon his land to the extent of 4 mtrs towards east and 4 mtrs towards west side. In fact, he came to know for the first time about the measurement at the time when Patwari and Kanugo measured his field.