KAKKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 02.12.1994 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sriganganagar (for short "the trial court") in Sessions Case No. 79/94 whereby the learned trial Court convicted the accused-appellant for offences under Sections 447 I.P.C. and Section 3(1)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter "the Act of 1989") and sentenced him to undergo six months rigorous imprisonment along with Rs. 500/- fine and in default of payment of fine to undergo one month simple imprisonment.

(2.) As per the case set up by the prosecution, a FIR was lodged by complainant Daya Singh on 18.10.1992 stating therein that he has one plot No.6 situated in village 48 GB and for the said plot, the complainant obtained loan from the Bank and constructed two rooms over the plot. It is alleged that appellant Kakka singh wanted to encroach upon the said plot and build house on it and upon intervention of police, the appellant was prevented from building house. On 13.10.1992 when the complainant had went to Sriganganagar for some work, appellant trespassed on his plot and build one room and started residing. When the complainant came to know, he lodged the complaint at the police station and prayed that appropriate legal action may be taken against the appellant and he may be removed from the encroachment.

(3.) On the basis of said complaint, the Police registered FIR against the accused-appellant for offences under Sections 447 and 147 I.P.C. and commenced investigation. After due investigation, the police filed challan against the accused-appellant for offences under Sections 447 I.P.C. and Section 3(1) (v) of the Act of 1989 before the Judicial Magistrate, Anoopgarh. Thereafter the case was committed to the Court of Special Judge, Sriganganagar for trial.