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1994 DIGILAW 447 (ALL)

Satya Singh v. State of U. P.

1994-07-12

N.B.ASTHANA

body1994
JUDGMENT : N.B. ASTHANA, J. 1. This revision has been directed against the judgment and order dated 21.1.82 passed by the then Sessions Judge, Tehri-Garhwal in Criminal Appeal No. 47 of 1981 accepting appeal and setting aside the conviction and sentence of the opposite parties under Sections 147, 427/149, I.P.C. passed by Munsif Magistrate Tehri in Criminal Case No. 240 of 1981. There were 15 accused in the case. There is delay in the F.I.R. of about a week. This delay has not been satisfactorily explained. 2. The Respondents are alleged to have demolished the wall belonging to the complainant. 3. The prosecution witnesses have given different versions regarding the wall said to have been demolished by the Respondents. There are also contradictions as to which side of the wall was demolished. Some witnesses said that the upper wall was demolished while others stated that the lower wall was demolished. The evidence in this respect is not convincing. There are other infirmities in the revisionist's case which have been pointed in the judgment of the appellate court. 4. The judgment in the appeal was delivered on 21.1.82. More than twelve years have passed. No serious offence is alleged to have been committed by the Respondents. in the facts and circumstances and after the lapse of so many years when the parties would have started living a friendlier life I do not think any purpose would be served by raking the matter again. No case for making interference in the judgment passed by the court below has been made out. The revision is dismissed.