RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties gone through the content of the FIR.

(2.) The first information report recites allegation of theft of standing crop taramera by the accused persons. It seems to be a case of family feud between siblings and niblings. A Jamabandi which is the revenue record of the land in question making it manifestly clear that the land pertains to the khatadari of father of the petitioner No.1 and the respondent No.2. Its a case of joint tenancy and joint possession.

(3.) The ingredients which are essential to constitute an offence of theft are as under. (a). Dishonest intention, (b). Absent of consent, (c). Movable property (d.) Possession of someone other.