MUNGESHWAR KAHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant revision application is directed against the judgment dated 20.12.2013, passed by the learned Principal Sessions Judge, Latehar, in Cr. Appeal No.34/2012, whereby the appeal filed by the opposite parties was allowed and they were acquitted from the charges as levelled against them under Sections 417 and 420/34 of the Indian Penal Code.

(2.) From perusal of record it appears that a criminal complaint case No.49/95 was filed by the petitioner herein and allegation as alleged in the said complaint are that the complainant had sold his land vide registered sale deed No.586 dated 09.03.1976 for a sale consideration of Rs.3,000/- and it was executed in favour of Md. Israil and the aforesaid land was situated at Mouza- Gurtur, P.S. Balumath, in Khata Nos.5, 16, 36, 42 and 16 admeasuring 3.92 acres of land. It has been further alleged that though the sale deed was executed for sale consideration amount of Rs.3,000/- but the said amount was never paid to the complainant-petitioner. As such, the petitioner executed a cancellation deed being deed No.766 dated 30.03.1976 by which previous sale deed No. 586 dated 09.03.1976 was cancelled.

(3.) It is further alleged that in the year 1981, the opposite party No.2 has got a Sale Deed executed of the aforesaid land, for consideration amount of Rs.5,000/- from a fraudulent persona and even the witness was a fraudulent persona and as such he got the registered sale deed executed in his favour, fraudulently. In the same manner the complainant's Raiyati land of Khata Nos.36 and 42, Total Area 82 decimals was also transferred to Julekha Khatun, Wife of Md. Israil, by registered sale deed of the year 1987-88, fraudulently from the help of the other accused persons. The complainant came to know about both the sale deeds in the year 1995 and also on 06.09.1995 the accused persons tried to dispossess the complainant from his land and also wanted to take forcible possession of the said land and as such the complainant filed the complaint petition before the learned Trial Court.