RAJENDRA PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant Rajendra Pandey has preferred this appeal against the Order of Acquittal dated 16-12-2002, passed by learned Judicial Magistrate, Chatra in Compliant Case No. 324 of 1999 (T. R. No. 102 of 2002) whereby and whereunder, the learned Court below has acquitted respondent Nos. 2, 3 and 4 for the charges u/S. 430 and 447, I. P. C.

(2.) The case of the complainant-petitioner is that the respondents trespassed the land situated in Khata No. 91 and Plot No. 979 having an area of 0.01 decimal in which Well was excavated by his ancestors. It (well) was in use for drinking water and irrigation purpose but the respondents demolished the well and construct wall of the tank of latrine on it.

(3.) The respondents in course of trial took plea that the land was purchased by them from Shiv Prasad Pandey under registered sale deed in which there was an old Well. Since last ten years it was not in use and was damaged as is evident from the order passed u/S. 147 Cr. P. C. by Executive Magistrate, Chatra in Case No. 49 of 1999. Due to passage of time the Well was damaged and in a family partition that portion was given in the share of Shiv Prasad Pandey, who under registered sale deed No. 1728 dated 25th April, 1997 sold the land to the second party Mayawati Devi. The second party (respondents herein/accused in the Court below) started construction of latrine wall, which was objected by the complainant (appellant herein) resulting filing of the Complaint Case.