SUDARSHAN PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Navneet Sahay, learned counsel appearing for the petitioners and Mr. V. K. Gupta, learned A.P.P. for the State. No one appears on behalf of the opposite party no. 2.

(2.) This revision application is directed against the judgment dated 15.03.2000 passed by the learned 1st Additional Sessions Judge, Saraikella in Criminal Appeal No. 37C of 1998 whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Saraikella on 08.07.1998 in C/1 Case No. No. 16 of 1993 convicting the petitioners for the offences punishable under Sections 447, 427 and 379 of the Indian Penal Code and sentencing them to various terms has been affirmed albeit same modification in the sentence.

(3.) The allegation made in the complaint petition is that the land of Khata No. 79 of Mouza Rupanachana was recorded in the name of late Birindaban Pradhan. It has been stated that after his death his three sons partitioned the land and came in exclusive possession of their respective shares. It has been alleged that one of the sons namely Balram Pradhan sold his exclusive share measuring 12 decimals of land of Plot No. 733 to complainant on payment of valid consideration amount vide sale deed dated 15.04.1991. The complainant got his name mutated and started paying rent to the State. The complainant also started growing rabi crop and hutment was constructed to keep a watch on the land. It is alleged that on 12.04.1993 all the accused persons committed criminal trespass by demolishing the hutment with a view to dispossess the complainant. It has also been alleged that they have taken away some articles worth Rs. 400/-.